Civil Judge Senior Division

In The Court Of : Civil Judge Sr. Div. No. 1 Kamrup Metro

CNR Number : ASKM020017662023

Case Number : Title Suit/0000499/2023

Date : 19-06-2025

SRI KAPIL DEV SAINI Versus SRI PRABHANSH PRASAD, Proprietor of M/S Vaishali Medicos

Daily Status
Business Next Purpose Next Hearing Date
Both parties are represented. Perused the record. Pet. no. 363 dated 17.1.25 filed by the plaintiff u/s 151 of CPC with a prayer to substitute the legal heirs of proforma defendant no.2 is pending for disposal. It is the submission of the plaintiff that proforma defendant no.2 died on 6.5.24 and the plaintiff could now gather the name of legal heirs of proforma defendant no.2 who is his wife Smt. Boti Pillai. From the record it transpires that the suit was proceeding ex-parte against proforma defendant no.2. The plaintiff side stated that they could gather the information regarding the legal heirs of late Suresh Kr Pillai and therefore filed this petition for substitution. Record further reveals that summons was personally served upon Suresh Kr. Pillai/ proforma defendant no.2 but due to his non appearance the case proceed ex-parte. As the case was already proceeding ex-parte the plaintiff had no occasion to know the death of proforma defendant no.2. Therefore the plaintiff has now come to know about the legal heirs of proforma defendant no.2 and accordingly has prayed to substitute the legal heirs namely Smti. Boti Piillai. Prayer is allowed. The name of Smti Boti Pillai to be inserted in place of proforma defendant no.2 . BA to do the needful. Plaintiff is to issue summons to newly substituted pro forma defendant. Fixing 22.8.25 for SR. Service Report 22-08-2025