RIASUDDIN Vs. SHEIKH MOHD ARIF

JUDGEMENT

(1.) This petition under Section 115 CPC challenges the Order dated 8th July, 2004 passed by the Civil Judge, Delhi in a suit titled as Sheikh Mohd. Arif Vs Sh. Riasuddin seeking to having a notice issued to the Administrator General, Delhi Administration for representing the estate of defendant No.3 (since deceased) as per the provisions of Order XXII Rule 4A of the Code of Civil Procedure which confers discretion upon the Court to proceed in the suit in the absence of the deceased party or to appoint the Administrator General.

(2.) By the impugned order dated 8th July, 2004 the Civil Judge has given sound reasons for not issuing notice to the Administrator General, Delhi Administration because the defendant No.3(since deceased) was merely a proforma party impleaded to avoid any technical objection. It has been noticed that as per the plaintiff, defendant No.2 and Shri Prem Singh were the co-owners of the suit property to the extent of 108/136, 14/136 and 14/136 and the defendant No.1 averred to be a trespasser. It was also held by the learned Civil Judge that in spite of service the defendant No.3 had never appeared or filed his written statement.

(3.) It was held that the plaintiffs/respondents have no right to continue the suit against the defendant No.3 as right to sue survives qua defendant No.1. Since the defendant No.1/petitioner herein is in possession, he is obviously not interested in an early disposal of the matter and it appears that this plea of issuing notice to Administrator-General, Delhi Administration has been adopted to delay the proceedings.