Interlocutory applications under CPC for deletion and addition of party respondents are valid when circumstances justify them.

CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER

48 04-12-2025 Re: I.A. No. 18 of 2021 This interlocutory application has been filed under Order 22 Rule 1 & Section 151 of the Code of Civil Procedure for deleting the name of respondent no. 5(I), namely, Ashma Bibi, who died on 14.09.2019 leaving behind her heirs and legal representatives who are already on record as respondent nos.

5(II), 5(III), 5(IV), 5(V), 5(VI), 5(VII) & 5(VIII).

2. Considering the aforesaid facts and circumstances of the case and averments made in the application, I.A. No. 18 of 2021 is allowed.

3. Office is directed to delete the name of respondent no. 5(I) from the memo of appeal.

Re: I.A. No. 27 of 2025

4. This interlocutory application has been filed under Order 22 Rule 1 & Section 151 of the Code of Civil Procedure for deleting the name of respondent no. 5(IV), namely, Niyazuddin Rain, who died unmarried about 4 years ago leaving behind his heirs and legal representatives who are already on record as respondent nos. 5(II), 5(III), 5(V), 5(VI), 5(VII) & 5(VIII).

5. Considering the aforesaid facts and circumstances of the case and averments made in the application, I.A. No. 27 of 2025 is allowed.

6. Office is directed to delete the name of respondent no. 5(IV) from the memo of appeal.

Re: I.A. No. 23 of 2025

7. This interlocutory application has been filed under Order 22 Rule 1 & Section 151 of the Code of Civil Procedure for deleting the name of respondent no. 14(viii), namely, Pravin Khatoon, who died on 22.07.2024 leaving behind her heirs and legal representatives who are already on record as respondent nos. 14(i), 14(ii), 14(iii), 14(iv), 14(v), 14(vi) & 14(vii).

8. Considering the aforesaid facts and circumstances of the case and averments made in the application, I.A. No. 23 of 2025 is allowed.

9. Office is directed to delete the name of respondent no. 14(viii) from the memo of appeal.

Re: I.A. No. 36 of 2025

10. This interlocutory application has been filed under Order 22 Rule 1 & Section 151 of the Code of Civil Procedure for deleting the name of respondent no. 20(I), namely, Sarfun Nesha, who died on 01.04.2025 leaving behind her heirs and legal representatives who are already on record as respondent nos. 20(II), 20(III), 20(IV), 20(V), 20(VI), 20(VII), 20(VIII), 20(IX), 20(X) & 20(XI).

11. Considering the aforesaid facts and circumstances of the case and averments made in the application, I.A. No. 36 of 2025 is allowed.

12. Office is directed to delete the name of respondent no. 20(I) from the memo of appeal.

Re: I.A. No. 28 of 2025

13. This interlocutory application has been filed on behalf of the appellants under Order 22 Rule 4 read with Order 1 Rule 10 of the Code of Civil Procedure for adding some of the persons as party respondents in the memo of appeal.

14. Learned counsel for the appellants submits that the I.A. No. 24 of 2025 has already been filed for adding the said persons as party respondents. This application has been filed inadvertently. He wants to withdraw this interlocutory application.

15. Considering the aforesaid facts and circumstances of the case and averments made by learned counsel, I.A. No. 28 of 2025 is dismissed as withdrawn.

Re: I.A. No. 24 of 2025

16. This interlocutory application has been filed under Order 22 Rule 4 read with Order 1 Rule 10 of the Code of Civil Procedure for adding the names of the heirs of predeceased son, namely, Md. Nasim Raen of Bibi Khairunisa, respondent no. 21. The details of his heirs has been mentioned in paragraph no. 1 of this application.

17. Learned counsel for the appellants submits that I.A. No. 4907 of 2004 filed for substituting the names of the heirs of deceased respondent no. 21 has already been