Surat Naik Vs. Sheetal Naik & Ors. CMP(M) No.34 of 2025 06.06.2025 Present: Mr. Vijay Chaudhary, Advocate, for the appellant. Mr. Vijay Mokhta, Advocate, for respondent No.1. Respondent No.2 stands deleted. CMP(M) No.34 of 2025 This application has been filed for condonation of delay in filing the appeal. In memo of parties Ram Singh @ Luckey has been arrayed as party as respondent No.2, whereas the said Ram Singh had already been deleted by MACT, vide order dated 17.12.2021 during pendency of claim petition before the MACT. The person(s), who stand deleted before the Trial Court cannot be arrayed as a party again in the Appellate Court and other proceedings of next Court, for their already deletion before the Trial Court. Faced with the aforesaid situation, learned counsel for the applicant submits that Ram Singh @ Luckey has been arrayed as a party as the Registry has raised objection to array respondent No.2 on the basis of memo of parties in the impugned award. The plea taken by the learned counsel as well as raised by Registry is misconceived as Ram Singh @ Luckey, though has been shown as respondent No.2 in the memo of parties in the impugned award, stands deleted vide order dated 17.12.2021 by the Trial Court. Once he was deleted in the year 2021, how and under what provision he can be arrayed as party in the appeal proposed to be preferred in the year 2024/2025 as he has been arrayed as party respondent in application as well as proposed appeal. Registrar (Judicial) is directed to look into the matter and issue necessary instruction in this regard, as it has been found that in large number of cases either dead person or persons, who stood deleted before the Trial Court, are being arrayed as party, resulting into creating mess at the time of service as well as referring the parties. With the aforesaid observation, for the reasons stated in the application, submissions made by learned counsel for the applicant and considering the documents filed with the application, delay in filing the appeal is condoned. The appeal be registered. The application stands disposed of. FAO(MVA) No.________ of 2025 (FA0ST58471/24) Be registered. Record be requisitioned. Parties are duly represented. Therefore, no post admission notice is required to be issued. Amended memo of parties in terms of aforesaid even dated order passed in CMP(M) No.34/2025 be filed within one week, reflecting respondents No.1 and 3 as respondents No.1 and 2, by giving note in the bottom of memo of parties by assigning reasons that Ram Singh has not reflected as party in appeal/application, as the case may be, because he has already been deleted by MACT. List for hearing after completion of record in due course. (Vivek Singh Thakur) Judge June 06, 2025 (Shamsh Tabrez)