RAMESH CHAND SHARMA Vs. BALBIR SINGH MATHUR

JUDGEMENT

(1.) The present petition has been filed under Article 227 of the Constitution of India, 1950 by the petitioner seeking to set aside the impugned order dtd. 6/8/2022 passed by the court of Learned Additional District Judge -04 (South-East), Saket District Courts, New Delhi (hereinafter referred as 'Trial Court') in Civil Suit No. CS DJ 7531/2016, titled as 'Balbir Singh Mathur &Anr. Vs. Ramesh Chand Sharma &Anr' whereby the Learned Trial Court, allowed the application under Order XXII Rule 4 &10A read with Sec. 151 of Code of Civil Procedure, 1908 (hereinafter referred as 'CPC').

(2.) Petitioner herein is the defendant no. 1, respondent no. 1 and 2 herein are the plaintiffs and respondent no. 3 is defendant no. 2 before the learned Trial Court which is pending adjudication.

(3.) The relevant facts for the purpose of adjudication of the present case are that the respondent no. 1 and 2 herein filed a civil suit before the learned Trial Court for permanent and mandatory injunction and damages against the petitioner. Petitioner herein expired on 14/6/2020 and consequently, respondent no. 1 and 2 moved an application on 4/11/2020 under Order XXII Rule 4 and 10A read with Sec. 151 of CPC along with an application under Sec. 5 of Limitation Act, 1963 (hereinafter referred as 'Act') seeking to implead the legal representatives (hereinafter referred as 'LRs') of the deceased petitioner. Subsequently, petitioner filed a reply to the said application under Order XXII Rule 4 and 10A CPC thereby taking objections that the suit got abated against petitioner after the expiry of the statutory period and that Vipin Sharma is the sole legal representative of the deceased petitioner. However, the learned Trial Court allowed the application for impleadment of Vipin Sharma and Honey Sharma which is impermissible, thus, the impugned order is patently illegal. Aggrieved by the said order, the petitioner has filed the present petition. Submissions by the Petitioner