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2015 Supreme(Del) 1349

VALMIKI J.MEHTA
RAHUL VAID – Appellant
Versus
BALRAJ VAID – Respondent


Advocates:
Advocate Appeared:
For the Plaintiffs :Mr. Pankul Nagpal, Advocate along with plaintiff
For the Defendant :Mr. Sunil Aggarwal, Adv. for LRs of deceased Shri Balraj Vaid, Mr. Ravi Gupta, Sr. Advocate with Mr. Swastik Singh, Adv. for def. Nos. 9 and 10, Mr. Gagan Mathur, Adv. for def. nos. 2(a), 3, 4 and 7

JUDGMENT :

VALMIKI J. MEHTA, J.

1. Without in any manner being distracted by the many Original Appeals and various applications which have to be decided, in sum and substance, the prayers are for allowing the legal heirs of defendant no. 1 to appear and contest the proceedings by being substituted in place of the deceased defendant no.1 and that the defendant nos. 9 and 10 who are the purchasers of rights from defendant no. 1 are allowed to get set aside the ex parte proceedings against them and thus permitting them to contest the suit on merits.

2. The subject suit is a suit for partition of a property stated by the plaintiff to be joint Hindu family property. The property is the property bearing no. 3/64, Old Rajinder Nagar, New Delhi. Originally, there were four defendants in the suit and subsequently, after allowing of the two amendments, the number of defendants increased to 9 and then to 10, defendant no. 10 being the wife of defendant no. 9 and both these defendants being purchasers of the suit property.

3. The defendant nos. 2(a), 3, 4 and 7 as also defendant nos. 5, 6 an













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