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1974 Supreme(Del) 55

D.K.KAPUR
RABINDER NATH MAIRA – Appellant
Versus
STEEL SONS PRIVATE LIMITED,DELHI – Respondent


Advocates Appeared:
G.R.CHOPRA, SATISH CHANDRA AGRAWAL, T.B.LAL

D. K. Kapar

( 1 ) THIS is an application under Order I, Rule 10 (2) read with Order 22, Rules 2 and 3 and Section 151 of the Code of Civil Procedure instituted by the legal heirs of Shri R. N. Maira in respect of a Company Petition No. 42 of 1973, which has been instituted in this Court by Shri R. N. Maira and another against M/s. Steelsons (P.) Limited and others. The said Company Petition was before this Court when Shri R. N. Maira, the first petitioner died and the second petitioner therein, Shri Jitender Nath Maira, decided that he would not. prosecute the petition any further. On 17th September, 1973, no one appeared on behalf of the petitioners. Mr. G. R. Chopra, counsel for the respoadent stated that the first petitioner had died and the petition was incomplete and, therefore, should be consigned to the reord room. I ordered accordingly. Later on, on the same date Mr. Satish Chandra stated that the petition could go on even in the absence of the legal representatives of the first petitioner and I indicated that he might apply under Section 151 of the Code of Civil Procedure and I also made it clear that the petition had not been disposed of. Later, the petition was listed on











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