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Petition to set aside the abatement

IN THE COURT OF THE CITY CIVIL COURT, NEW DELHI
I.A. No. 23/2025 in O.S. No. 1024/2024

Arjun Kumar

…Petitioner/Plaintiff

Vs.

Neha Sharma

…Respondent/Defendant

Petition filed on behalf of the petitioner/Plaintiff under Or.22 R.9 and 151 of CPC.

Petition filed on behalf of the petitioner/plaintiff under Order 22 Rule 9 and Section 151 of CPC.

For the reasons stated in the accompanying affidavit, the petitioner respectfully prays that this Hon’ble Court may be pleased to:

  • Condone the delay of 58 days in filing the Legal Representative (LR) application by setting aside the abatement that occurred in the above suit due to the death of the defendant; and
  • Pass such other and further orders as this Hon’ble Court may deem fit and proper in the interest of justice and equity.

Place: New Delhi
Date: 6th June 2025
Advocate for Petitioner

N.B.: This petition is filed within the outer limit of 150 days. The statutory period for filing an LR application is 90 days. Delay of 58 days is thus prayed to be condoned.

IN THE COURT OF THE CITY CIVIL COURT, NEW DELHI
I.A. No. 23/2025 in O.S. No. 1024/2024

Arjun Kumar

…Petitioner/Plaintiff

Vs.

Neha Sharma

…Respondent/Defendant

Affidavit

I, Arjun Kumar, S/o Ramesh Kumar, Hindu, aged about 35 years, occupation Businessman, residing at 123, Green Park, New Delhi, do hereby solemnly affirm and state on oath as follows:

  1. I am the plaintiff in the above suit and the petitioner herein. I am well acquainted with the facts of the case.
  2. I filed the suit O.S. No. 1024/2024 for permanent injunction and other reliefs against the defendant Neha Sharma.
  3. During the pendency of the suit, the defendant Neha Sharma died intestate on 9th January 2025.
  4. Her counsel did not file any memo regarding her demise. I came to know about her death only on 4th June 2025, from local sources.
  5. The deceased defendant is survived by the following legal representatives:
    • Ritika Sharma – Daughter
    • Ankush Sharma – Son
    • Meena Sharma – Sister
  6. There is a delay of 58 days in filing the application to bring the LRs on record. The delay is not intentional or due to negligence. It occurred solely due to lack of knowledge regarding the death of the defendant.
  7. I therefore respectfully pray that this Hon’ble Court may be pleased to condone the said delay and set aside the abatement that has occurred in the above suit.

Failing which, I shall suffer irreparable loss and hardship.

Deponent

Solemnly affirmed and the contents of this affidavit were read over and explained to the deponent in Telugu, and the deponent admitted the contents to be true and correct. He has signed/thumb-marked this affidavit before me on this the 6th day of June 2025.

Place: New Delhi
Date: 6th June 2025

Advocate for the Petitioner