JUDGMENT

Manmeet Pritam Singh Arora, J. (Oral)

CM APPL. 40097/2023 (For Exemption)

Allowed, subject to all just exceptions.

Accordingly, the present application stands disposed of.

CM(M) 1255/2023 & CM APPL. 40098/2023

1. This petition filed under Article 227 of Constitution of India impugns the order dated 05.11.2022 passed by the ADJ-06, Central District, Tis Hazari Courts, Delhi (`Trial Court') in Misc. DJ No. 606/2022, titled as `Monk Trading Pvt. Ltd. v. Rajbir & Ors.', whereby the Trial Court allowed the application filed by Respondent No. 1 for carrying out rectification in the judgement and decree dated 09.05.2022.

1.1. The Petitioner herein is the son of late Shri Rajbir Singh, who was the original defendant in the civil suit. In addition to the Petitioner herein, Respondent Nos. 2 to 5 are also the legal heirs of late Shri. Rajbir Singh. The Respondent Nos. 2 and 3 were already arrayed as parties to the civil suit in their individual capacity as Defendant Nos. 2 and 3.

2. Upon death of late Shri Rajbir Singh i.e., the original defendant No. 1, an application under Order XXII Rule 4 of Code of Civil Procedure, 1908 (`CPC'), was filed and vide order dated 01.11.2021, the Petit