Raj Rani v. UOI and Ors.

Delhi High Court · 08 May 2017 · 2017:DHC:2446-DB
Hima Kohli; Sangita Dhingra Sehgal
WP(C) 7726/2011
2017:DHC:2446-DB
civil petition_dismissed

AI Summary

The petition was dismissed as abated due to the petitioner's death and failure of legal heirs to seek substitution within a reasonable time.

Full Text
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WP(C) 7726/2011
HIGH COURT OF DELHI
W.P.(C) 7726/2011
RAJ RANI ..... Petitioner
Through: Mr. Vinod Sehrawat, Advocate.
VERSUS
UOI AND ORS ..... Respondents
Through: Mr. Vivek Goyal, Advocate for UOI.
Mr. Pradeep Verma, Advocate for R-3.
CORAM:
HON'BLE MS. JUSTICE HIMA KOHLI
HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL O R D E R
08.05.2017
JUDGMENT

1. Learned counsel for the respondent No.3 states that the petitioner has expired as long back as in November, 2014 but no steps have been taken by her legal heirs till date to seek substitution in the present petition.

2. A perusal of the paper book and the order sheets effective from 16.10.2014 shows that in all this while, learned counsel for the petitioner herein has not taken any steps to bring on record the legal heirs of the deceased petitioner.

3. Learned counsel for the petitioner states that he did file an application to bring on record the legal heirs of the deceased petitioner, but he is neither in a position to furnish the date on which he had moved such an application, nor is the date on which he claimed that he had furnished a copy to the other side, available with him. We have requested him to hand over his own copy 2017:DHC:2446-DB WP(C) 7726/2011 of the application, but on rummaging through his file, he submits that it is not available.

4. In such circumstances, we have no option but to dismiss the present petition, the same having abated on the demise of the petitioner. Ordered accordingly. HIMA KOHLI, J SANGITA DHINGRA SEHGAL, J MAY 08, 2017 ap/mk