BY WAY OF INSTANT APPLICATION Vs. UNKNOWN

JUDGEMENT

(1.) By way of instant application filed under Order 1 Rule 10 read with Section 151 of CPC, prayer has been made on behalf of the applicants/respondents for the deletion of the name of respondent No.1, Rattan Singh @ Rattan Chand son of Sh. Uttam Singh and substituting them at his place being his legal representatives.

(2.) Learned counsel representing the non- applicant/ appellant fairly states that he does not intend to file any reply to the application and have no objection in case the prayer made in the application is allowed.

(3.) Averments contained in the application, which is duly supported by an affidavit as well as death certificate annexed therewith (Annexure R-1), clearly reveal that respondent No.1, Rattan Singh alias Rattan Chand has expired on 26.5.2015, leaving behind his legal representatives, as detailed in para-2 of the application. Since right to sue survives in favour of the applicants/ respondents, as detailed in para-2 of the application, this Court sees no impediment in accepting the prayer made in the application.