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 Section 153 of the Code of Civil Procedure and Rule 28 of the Civil Rules of Practice
For the reasons stated in the accompanying affidavit, the petitioner respectfully prays that this Hon’ble Court may be pleased to:
- Amend the plaint by incorporating the necessary changes as detailed below;
- Add Respondents 2 to 4 as Defendants 2 to 4, being the legal representatives of the deceased first defendant;
- Amend all references in the plaint where the defendant is mentioned, to refer to her as the deceased first defendant;
- Include an additional prayer under Para 7(a) seeking relief against the legal heirs;
- Pass a decree against the estate of the deceased defendant in the hands of the newly impleaded Defendants 2 to 4;
- And to pass such other orders as this Hon’ble Court may deem fit and proper in the circumstances and in the interest of justice.
Place: New Delhi
Date: 6th June 2025
Counsel for the Petitioner
IN THE COURT OF THE CITY CIVIL COURT, NEW DELHI
I.A. No. 23/2025 in O.S. No. 1024/2024
Arjun Kumar
…Plaintiff
Vs.
Neha Sharma
…Defendant
Affidavit
I, Arjun Kumar, S/o Ramesh Kumar, Hindu, aged about 35 years, Businessman, residing at 123, Green Park, New Delhi, do hereby solemnly affirm and state on oath as follows:
- I am the plaintiff in the above suit and the petitioner herein, and I am fully acquainted with the facts of the case.
- I filed the present suit for recovery of money based on a promissory note executed by the defendant, Neha Sharma.
- At the time of execution of the promissory note, the defendant was residing at Green Park, New Delhi. Subsequently, she shifted with her family to Hyderabad, where she stayed with her son.
- After the filing of the suit, summons were issued to the defendant, but they were returned with the endorsement that the defendant had passed away about one month prior.
- I was not aware of the defendant’s death at the time of filing the suit and therefore could not implead her legal representatives.
- The suit remains within the period of limitation to proceed against her legal heirs.
- I therefore pray that this Hon’ble Court may be pleased to implead the following persons as legal representatives of the deceased first defendant and accordingly allow the amendment of the plaint:
- Rahul Sharma, S/o Neha Sharma, aged about 38 years, Businessman, R/o 42, Banjara Hills, Hyderabad.
- Vikram Sharma, S/o Neha Sharma, aged about 35 years, Software Engineer, R/o 88, Jubilee Hills, Hyderabad.
- Rohit Sharma, S/o Neha Sharma, aged about 32 years, Teacher, R/o 21, Gachibowli, Hyderabad.
- The deceased defendant, Neha Sharma, died intestate, leaving behind the above-named sons as her only legal heirs. The entire estate has devolved upon them, and a decree must therefore be passed against the estate in their hands.
Unless this petition is allowed, I will suffer irreparable loss and hardship.
Deponent: Arjun Kumar
Solemnly affirmed and the contents of this affidavit were read over and explained to the deponent in Telugu, and upon admitting the same to be true and correct, he affixed his signature/thumbmark before me on this the 6th day of June 2025.
Place: New Delhi
Date: 6th June 2025
Counsel for the Petitioner