JUDGMENT :

Tushar Rao Gedela, J.

CM APPL. 19597/2023

1. Exemption is allowed, subject to all just exceptions

2. The application stands disposed of.

CM APPL. 19598/2023

3. This is an application seeking exemption from filing entire Trial Court record.

4. This court does not require the same as of now, accordingly the application stands allowed.

5. Application stands disposed of.

CM(M) 630/2023 & CM APPL. 19596/2023

6. The petitioner challenges the order dated 04.03.2023. in CS No. 328/2021 titled as “Sangita Bhutani v. Surender Kapoor” whereby the application under Order 1 Rule 10 r/w Section 151 of CPC, 1908 filed on behalf of respondent/plaintiff was allowed.

7. Learned counsel appearing for the petitioner submits that the suit admittedly was filed against the sole deceased/defendant late Sh. Surender Kapoor, who was their father.

8. Accordingly, Mr. Singh, learned counsel for respondent submits that the suit against a dead person is not maintainable.

9. Learned counsel submits that by way of an application under Order 1 Rule 10 of CPC, 1908, the defect could not have been cured and the LRs of the said deceased/defendant could not have been impleaded or substituted as an independent defendant