VIJAY KUMAR SINGH Vs. MAHESH KUMAR

JUDGEMENT

(1.) VIDE the present petition, the petitioner has challenged the impugned order dated 24.10.2011, whereby the learned Tribunal has dismissed the application filed by the petitioner under Order I Rule 2 read with Section 151 CPC for impleading the minor brothers of the deceased, namely, Rupesh Kumar Tipu, Vikas Kumar Singh and grandmother Smt. Raj Roop Devi as LRs of the deceased.

(2.) LEARNED counsel appearing on behalf of the petitioner has informed this Court that grandmother Smt. Raj Roop Devi has expired after filing of the aforesaid application, therefore, he is not seeking any relief qua her.

(3.) WHILE recording the aforesaid noting, the learned Tribunal has relied upon the case of Sarla Varma & Ors. Vs. Delhi Transport Corporation & Anr., 2009) 6 SCC 121, wherein the Supreme Court has observed that"