BRIJ LAL Vs. R S SHARMA

JUDGEMENT

(1.) An Application No. 3139/95 was filed by the petitioner under Order 22, Rule 4 read with Section 151 of CPC, inter aia, praying that the respondenttenant died on 13th July, 1995 leaving behind the following legal representatives : Sh. Rajeev Sharma son Sh. Anil Sharma do Sanjeev Sharma do Deepak Sharma do Rishi Sharma do Ms. Neelam Daughter Sheetal do Dolly do Gitanjali do Prakash Rani widow. Notice to this application was issued to the legal representatives. Mr. B.S. Malik appeared for all the legal representatives except L.R. No. 3 and made a statement before the Court on 12th February, 1997 that reply has been filed by LRs 1,4 to 9 and 10 which was not on record. It was directed that Counsel of LRs of deceased respondent-tenant may place the reply on record.

(2.) From the perusal of the record, I find that no reply has been placed on record in terms of the order passed by this Court on 12th February, 1997. As no reply has been filed, the averments of the petitioner is deemed to have been admitted by the respondent. The legal representatives, as mentioned in para 2 of the application, may be substituted in place of deceased-tenant. Amended memo of parties be filed.

(3.) Mr. Maheshwar Dayal, learned Counsel for the petitioner says that amended memo of parties has been filed. I find the same on page 17 of the paper book. "The same be taken on record.