RAJINDER SINGH Vs. PARAMJIT KAUR

JUDGEMENT

(1.) This is an application filed under Order 1 Rule 10(2) read with Sec. 151 CPC for deleting the names of Gurdial Singh and Harbans Singh from the array of respondents. It is submitted that Gurdial Singh - respondent No. 5 was plaintiff No. 4 in the civil suit, who died during the pendency of the civil case. No legal representative of Sh. Gurdial Singh came forward for being impleaded as legal representative in the civil suit. Therefore, he is not being impleaded as a respondent in the memo of parties in the present RSA being a dead person. It is further submitted that Sh. Harbans Singh was defendant No. 3 in the civil suit, against whom the suit was dismissed as withdrawn and the said fact has been noted by the learned trial Court while recording the presence of the counsel for the parties. Therefore, it is prayed that present application may be allowed and names of Gurdial Singh and Harbans Singh may be deleted from the array of respondents, in the interest of justice.

(2.) Heard.

(3.) Perusal of file shows that respondent No. 5 - Gurdial Singh was plaintiff No. 4 before the trial Court and as per the pleadings of learned counsel for appellants, he died during the pendency of civil suit and no legal representative came forward to contest the civil suit. Further, the perusal of trial Court file shows that the suit against Harbans Singh was dismissed as withdrawn vide order dtd. 29/5/2002. In view of the aforesaid facts and circumstances, Gurdial Singh and Harbans Singh are not necessary parties for deciding the present appeal. Accordingly, the present application is allowed and names of Gurdial Singh and Harbans Singh are ordered to be deleted from the array of respondents. Amended memo of parties filed along with the application is taken on record.