Delhi High Court
C.R.P./134/2026 of GAGANDEEP SINGH Vs BASANT CHAUHAN on 23 September 2026
HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010178952026 + C.R.P. 134/2026&CM APPL. 28096/2026 GAGANDEEP SINGH .....Petitioner Through: Mr. Ganesh Misrha, Mr. Labh Mishra & Ms. Meena Mishra, Advs. versus BASANT CHAUHAN .....Respondent Through: Mr Rakesh Malhotra, Mr Bharat Malhotra,
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IN THE HIGH COURT OF DELHI AT NEW DELHI
CNR No. DLHC010178952026
+
C.R.P. 134/2026&CM APPL. 28096/2026
GAGANDEEP SINGH
.....Petitioner
Through:
Mr. Ganesh Misrha, Mr. Labh Mishra
& Ms. Meena Mishra, Advs.
versus
BASANT CHAUHAN
.....Respondent
Through:
Mr Rakesh Malhotra, Mr Bharat
Malhotra, Ms Gayatri Bhatia, Advs.
CORAM:
HON'BLE MR. JUSTICE ANISH DAYAL
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O R D E R
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23.09.2026
1. Pursuant to the previous order, counsels for both sides have addressed the Court on the legal issue involved.
2. It is otherwise a matter of record that the suit SCJ 1796/2022 was filed before Civil Judge-02, West District, Tis Hazari Courts, Delhi, against defendant Mr. Harbans Singh. When summons were received by the family, the petitioner herein Gagandeep Singh, S/o Harbans Singh informed the Court about death of Mr. Harbans Singh. Application under Order XXII Rule 4 of the Code of Civil Procedure, 1908 (‘CPC’), was filed in August 2023 by the respondent. However, in light of objections taken by the petitioner, the impugned order instead allowed impleadment of legal heirs of Late Sh. Harbans Singh, which has been assailed by the petitioner. The suit was instituted on 25th November 2022 while Sh. Harbans Singh passed away on 25th October 2022.
3. To avoid any technical issues further delaying the suit proceedings, it has now been mutually agreed by counsel, on instructions, before the Court that, without prejudice to their respective contentions, they are agreeable to the following: i. That the suit SCJ 1796/2022 will be withdrawn by respondent/plaintiff, with liberty to file a fresh suit; ii. A fresh suit be filed by respondent/plaintiff within a period of 4 weeks from today, arraying legal heirs of Late Sh. Harbans Singh as defendants; iii. Counsel for the petitioner Mr. Ganesh Misrha, shall inform Mr. Rakesh Malhotra, counsel for respondent, about the names, addresses and contact numbers of the legal heirs of Late Sh. Harbans Singh, if so available, within the next week; iv. Considering the facts and circumstances of the present case, and that the application under Order XXII Rule 4 of the Code of Civil Procedure, 1908 (‘CPC’), was filed in August 2023, after information regarding the death of Sh. Harbans Singh was brought on record, and was finally adjudicated by impugned order dated 24th February 2026, whereby impleadment under Order I Rule 10 of CPC was allowed, the time which has lapsed since institution of the suit on 25th November 2022 till four weeks from today’s order shall stand excluded for purposes of limitation.
4. It is accordingly directed. Steps as agreed above, in the interests of justice, be allowed by the Trial Court.
5. It is clarified that the Court has not heard arguments on the merits of the matter and, therefore, the Court has not made any observation in that regard.
6. The petition stands disposed of in above terms.
7. Order be uploaded on the website of this Court.
ANISH DAYAL, J SEPTEMBER 23, 2026/sm/bp