SACHIN THAKUR Vs. HARE KRISHAN TOURISM DEVELOPMENT LIMITED

JUDGEMENT

(1.) Since common questions of law and fact are involved in these writ petitions, therefore they are heard together and are be-ing decided by a common judgment. However, for the sake of brevity, facts of Writ Petition (M/S) No. 1809 of 2022 alone are being considered and discussed.

(2.) Respondent filed a suit for specific performance of an agreement to sell, against Smt. Mithilesh Madhukar, on 15/9/2020, which was registered as Original Suit No. 28 of 2020 in the Court of Senior Civil Judge, New Tehri. Learned Trial Court directed for issuance of summons to the defendant, fixing 14/10/2020. The summons, however, returned unserved with the remark that 'defendant is no more alive'.

(3.) The plaintiff (respondent herein) then moved application under Order XXII, Rules 2 and 4 read with Order VI, Rule 17 and Sec. 151, C.P.C., for sub-stituting legal representative of sole defendant. Notice on the application was issued to legal representative of late Mithilesh Madhukar, who was proposed to be substituted.