SHAKUNTLA GUPTA Vs. VIMLA GUPTA

JUDGEMENT

(1.) This is an application jointly filed on behalf of the plaintiff and the legal representatives of the defendant. The object of filing this application is manifold.

(2.) The first object is to bring on record the legal representatives of the deceased defendant Smt Vimla Gupta who passed away on 19.11.2003. She left behind her husband and two sons, namely, Shri Krishan Prasad Gupta, Shri Deepak Gupta and Shri Rajiv Gupta respectively. The first prayer that is made by the parties here is that these persons be substituted as legal representatives of the defendant and be arrayed as defendants 1a, 1b and 1c. It is accordingly ordered. The amended memo of parties be filed within two days.

(3.) The next prayer in this application is for recall of the preliminary decree dated 7.4.1978 passed by this court. Since the parties are in agreement with regard to this prayer being allowed and since the parties have stated in the application that they have otherwise arrived at a compromise and / or settlement in respect of the disputes involved in the suit, I see no impediment in allowing this prayer. Accordingly, the preliminary decree dated 7.4.1978 is recalled.