Disposed¶21

Sukhbir Singh v. Vijay Kumar & Sons (Huf)

Delhi HC30 Apr 2026RFA/392/2011

Case brief

AI extract

What is this about?

Abatement of appeal on death of appellant (died 28.07.2022); legal heirs not brought on record; 90-day period and 60-day period for setting aside abatement expired; no counsel appearing on multiple hearing dates; appeal under Section 96 CPC read with Order XLI; RFA 392/2011; Delhi High Court; Justice Amit Sharma; decree dated 18.04.2011 by District Judge-VIII, Rohini Courts in civil suit No. 432/2010/2009 (Vijay Kumar Kaila & Sons (HUF) v. Sukhvir Singh); appeal stands abated and disposed of on 30.04.2026; pending applications disposed.

What did the court decide?

None; the appeal stood abated on account of the appellant's death and the expiry of the limitation periods, and pending applications, if any, were disposed of accordingly. ¶21

Sukhbir Singh Vs Vijay Kumar & Sons (Huf) — Delhi HC (2026) — LawSathi Research

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$~31

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- RFA 392/2011

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SUKHBIR SINGH .....Appellant

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Through: None.

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versus

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VIJAY KUMAR & SONS (HUF) .....Respondent

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Through: None. CORAM: HON'BLE MR. JUSTICE AMIT SHARMA

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O R D E R

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% 30.04.2026 1. This hearing has been done through hybrid mode.

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The present appeal under Section 96 of the CPC read with Order XLI seeks the following prayers: -

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“1. set aside the judgment and decree passed by the Ld. District Judge-VIII, Rohini Courts, Delhi on 18.04.2011 in civil suit No. 432/2010/2009 titled as "M.s Vijay Kumar Kaila & sons (HUF) Vs. Sukhvir Singh."

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Dismiss the civil suit No. 432/2010/2009 titled as "M.s Vijay Kumar Kaila & sons (HUF) Vs. Sukhvir Singh."

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Pass any other order in favour of the appellants and against the Respondents.”

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None appears on behalf of the appellant today.

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Thereafter, there was no appearance on behalf of the appellant on previous dates of hearing on 06.12.2024, 25.02.2025, 18.08.2025 & 12.01.2026.

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Report with regard to the notice issued to the appellant vide order dated

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This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 04/05/2026 at 12:28:14

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12.01.2026 shows “unserved as such person has died on 28.07.2022.”

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No application has been filed for bringing on record the legal heirs of the deceased appellant. The period of 90 days for bringing on record the legal heirs has expired as also the period for setting aside the abatement which is 60 days thereafter.

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