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2018 Supreme(Del) 983

R.K.GAUBA
Poonam Pandey (Now Deceased) Thr Legal Heirs – Appellant
Versus
Poorna Nand Bajpei – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Mr. Nitin Dahiya, Mr. Prateek Dahiya
For the Respondents: Mr. F.S. Chauhan, Mr. Kapil Chaudhary

ORDER :

1. This mater has brought to light utter neglect and complete mishandling almost by all concerned with the proceedings arising out of the civil suit, the details of which are mentioned herein below.

2. Civil suit (suit No.321/2014) was instituted by Poonam Pandey (wife of Om Babu Pandey) and Rama Nand Bajpai joining as first and second plaintiffs in 1993, seeking reliefs in the nature of partition, separate possession, etc. The respondents herein were impleaded as defendants. The suit had reached advanced stages when on 19.03.2014 the Additional District Judge (ADJ) in seisin of the matter recorded the proceedings as under:-

“Present: Shri Manohar Lal Sharma, Advocate Counsel for plaintiff with plaintiff in person. Shri Parvender Kumar Sharma, Advocate counsel for defendants No.1(a) to 1(c). Shri Rakesh Kumar Sharma, Advocate counsel for defendants No.4 to 6. After it is pointed out to the counsel for plaintiff that plaintiff has not filed on record any document of title in his favour as whose predecessor or successor in interest they are claiming to pursue this remedy. Counsel for plaintiff wants to make statement on instructions. Counsel appearing on the opposite sides have

















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