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2022 Supreme(Del) 1051

PRATHIBA M. SINGH
Khirod Chand Sikhdar – Appellant
Versus
Babu Lal Sikhdhar – Respondent


Advocates appeared:
Tarun Arora, Advocate, Mukul Sharma, Advocate, Siddharth Khatana, Advocate

JUDGMENT

Prathiba M. Singh, J. - This hearing has been done through hybrid mode.

2. These are two revision petitions arising out of a suit being Suit No. 298/2008 titled Pushpa Rani & Ors. v. Union of India & Ors., before the Ld. Civil Judge, Tis Hazari West, Delhi, (hereinafter 'Trial Court') which was filed by one Smt. Pusha Rani/Plaintiff No.1 - claiming to be the wife of Late Shri Khirod Sikhdar - and her four children namely Babu Lal Sikdar, Dhrity Sikhdar, anita Sikhdar and Mamta Rani. The suit was filed against the Defendants therein being, the Union of India, through Secretary (Home), Commissioner of Police and SHO, PS, Model Town, for declaration and consequential reliefs.

3. The case of the Plaintiffs/Respondent Nos.1-4 (hereinafter 'Plaintiffs') was that they are family members of Shri Khirod Sikhdar, who has been missing for more than 7 years. Thus, a decree of declaration was sought before the Trial Court, in the following terms:

    'Under these circumstances, it is therefore respectfully prayed that a decree of declaration be passed in favour of the plaintiffs there by declaring that Khirod Sikdar is dead and is no more, in the interest of justice.

    any other relief which th

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