JUDGMENT (Oral)

I.A. 6723/2022 (u/O XXII Rule 4 r/w Order I Rule 10 & Section 151 of CPC, 1908 by applicant/Ved Vyas, Special Power of Attorney Holder of surviving legal heirs of the deceased defendant for bringing the applicants as the legal heirs of the deceased defendant on record)

1. An application has been filed by the applicants to be substituted as legal heirs of the deceased defendant Surendra Mohan Tarun, claiming themselves to be his Class-II legal heirs.

2. It is submitted in the application that the defendant was a bachelor and he died in Safdarjung Hospital on 16.11.2021. The applicants are all the cousin brothers and sister of the deceased. They had performed the last rites of the deceased and are entitled to be impleaded as the legal heirs. The application is supported with a family tree which shows that Sh. Basant, father of deceased defendant Surendera Mohan had three brothers namely Shri Kotu Ram Gupta who died on 01.01.1969, Shri Surinder Dass who died before partition and Late Shri Teerth Ram who died on 07.06.1967. The applicants are the son and daughters of Late Shri Teerth Ram and Late Shri Kotu Ram Gupta.

3. The plaintiffs have contested the application who have