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Delhi District Court
Nanig Ram vs Govt Of Nct Of Delhi on 1 August, 2025
IN THE COURT OF MS. NEHA PANDEY, JSCC/ASCJ/GJ-01
(WEST),
TIS HAZARI COURTS, DELHI.
CS SCJ No. 592/2024
CNR No. DLWT03-000978-2024
Shri Nanig Ram
S/o Shri Budhi Ram @ Budhi
R/o H.No. RZF-35/1, Nihal Vihar, Nangloi,
Delhi-110041. ......Plaintiff
Versus
1. Govt. of NCT of Delhi,
Department of Home, 5th floor,
C- Wing, Delhi Secretariat,
New Delhi-2.
2. Municipal Corporation of Delhi
Department of Birth and Death,
17th Floor, C-Block, Dr. S.P. Mukherjee Marg,
Civic Center, Minto road,
New Delhi-110002. ......Defendants
Date of Institution : 25.04.2025
Date of decision : 01.08.2025
Decision : DECREED
JUDGMENT
1. The plaintiff has filed the present suit against the
defendants seeking declaration of the civil death of Shri Budhi @
Buddhi Ram S/o Shri Samliya (father of plaintiff).
CS SCJ no. 592/2024 Nanig Ram vs Govt. of NCT of Delhi 1/16
PLAINT
2. It has been averred by the plaintiff that his father Sh.
Buddhi @ Buddhi Ram living with him, is missing for more than
7 years and he could not be traced out despite of several efforts
on the part of plaintiff and his other relatives. On 26.7.2016 his
father left for walk in the DDA Park in morning at Nihal Vihar,
Nangloi, New Delhi from his house but never returned back. It is
further stated that a report was lodged with P.S. Nihal Vihar on
27.7.2016 vide G.D. No.010 dated 27.7.2016. The plaintiff and
their other relatives tried their level best to trace out the said Sh.
Buddhi @ Buddhi Ram however the said Sh. Buddhi @ Buddhi
Ram could not traced out. The plaintiff and other relatives even
constantly used to visit the police station and finally the Police
officials of P.S. Nihal Vihar issued “Untraced Report of missing
Budhi Ram” dated 14.08.2023 in which the Incharge P.S. Nihar
Vihar asked the plaintiff to approach the Civil Court and file a
Civil Suit to issue Civil Death Certificate. The plaintiff has
prayed, for the relief to pass appropriate decree in the form of
declaration, whereby Sh. Buddhi @ Buddhi Ram may be
declared not in existence/is not alive and with further prayer to
issue a Civil Death Certificate in respect of missing person Sh.
Buddhi @ Buddhi Ram.
3. Summons of the present suit were issued to the defendant
no.1 and 2. Defendant no.1 and 2 were served on 25.09.2024 and
defendant no.2 filed their WS.
WRITTEN STATEMENT OF DEFENDANT NO.2/MCD
CS SCJ no. 592/2024 Nanig Ram vs Govt. of NCT of Delhi 2/16
4. Defendant no.2/MCD has filed its written statement and
has taken various preliminary objections like that suit is not
maintainable for want of service of the statutory notice U/s 478
of DMC Act, that the issuance of death certificate does not come
within the purview of defendant no.2/MCD and the defendant
cannot issue the death certificate unless the plaintiff provide the
order from the Court regarding declaration of the death, where
the person is missing for more than 7 years. Hence the present
suit is devoid of any cause of action and liable to be dismissed.
5. In the instant case, defendant no.1 had appeared through
Patwari and filed the status report.
ISSUES
6. On the pleadings of the parties, following issue was framed
for trial on 14.01.2025:-
i) Whether the plaintiff is entitled to a decree of declaration
whereby Buddhi @ Buddhi Ram be declared as not alive as
prayed in prayer of the plaint? OPP.
ii) Whether the plaintiff is entitled to a decree of mandatory
injunction to issue Civil Death certificate from defendant no.2 as
prayed for in prayer of the plaint? OPP.
iii) Whether the suit is not maintainable for want of notice u/s
478 MCD r/w section 80 CPD? OPD-2.
iv) Whether the plaintiff is entitled to as prayed for? OPP.
v) Relief.
PLAINTIFF EVIDENCE
7. In plaintiff evidence, the plaintiff examined himself as
PW-1 who tendered his affidavit in evidence Ex.PW-1. PW-1
relied on the following documents:-
CS SCJ no. 592/2024 Nanig Ram vs Govt. of NCT of Delhi 3/16
i) Ex.PW-1/1(OSR) is copy of Aadhar Card of
plaintiff,
(ii) Ex.PW-1/2(OSR) is copy of Aadhar Card of
father of the plaintiff,
(iii) Ex.PW-1/3(OSR) is copy of electricity bill in the
name of plaintiff,
(iv) Ex.PW-1/4 is passport size photograph of father
of the plaintiff,
(v) Ex.PW-1/5(OSR pages1 to 3) is copy of N.C.R.
dated 27.07.2016,
(vi) Ex.PW-1/6(OSR) is the copy of final
report/untraced report dated 14.08.2023.
Plaintiff was cross examined by defendant
no.2/MCD. During his cross examination he admit that he
has not written any letter nor filed any document in MCD.
He further stated that he has not given a notice u/s 477/478
of DMC Act to MCD before making MCD as party in the
matter.
8. No other witness was examined and PE was closed
on 19.07.2025. Matter was fixed for final arguments.
9. I have heard Ld. Counsel for the plaintiff as well as for
defendant MCD and have carefully gone through the record.
10. My issues wise findings are as follows:
Issue no. iii) Whether the present suit is not maintainabale
for want of notice under Section 478 DMC Act? OPD2.
The onus to prove the same is upon defendant no.2/MCD.
CS SCJ no. 592/2024 Nanig Ram vs Govt. of NCT of Delhi 4/16
The objection as taken in written statement by defendant
No.2/MCD that the present suit is barred under sections 477/478
of DMC Act for want of statutory notice. The objection is not
legally tenable. The basic object of sections 477/478 of DMC Act
is to prevent matters from coming to court and once the matter
has reached the court and is contested, the suit ought not be
dismissed on technical grounds. In this regard, reliance can be
had to the report of Col. A. B. Singh (through LRs) v. Shri
Chunnilal Sawhney and Others, 2011 SCC OnLine Del 4289,
wherein it was observed:
” In any case, this issue is no longer res integra in
as much as, it has been held by a Division Bench
judgment of this court in the case of Yashoda
Kumari v. MCD13 that once there is a contest to
the suit, the suit cannot be held to be barred for
not giving of the notice under Section 53B
inasmuch as the basic object of Section 53B, like
Section 80 CPC is to prevent the matters from
coming to court and once the matter reach the
court and are contested, the suit should not be
dismissed on such technical grounds. The
relevant observations of the Division Bench of
this court in the decision of the case Yashoda
Kumari (supra) are as under:-
7. Section 80, CPC affords two options to the
plaintiff. He may either file a suit against the
Government or the public officer after serving two
months notice under subsection 1 or he may file it
without serving the notice and for this seek the
leave of the Court under subsection 2 on
satisfying it that an immediate and urgent relief was
required in the facts and circumstances of the
case. He can do this by filing an accompanying
application to show the urgency which is to be
considered and disposed of by the Court. In the
event it is rejected, the Court has to return the plaint to the
plaintiff who could refile it after service of two months
notice under the proviso of Section 80.
CS SCJ no. 592/2024 Nanig Ram vs Govt. of NCT of Delhi 5/16
8. The object of Section 80 notice is to afford the
Government or the public officer an opportunity to
examine the nature of the claim to settle it, if so
advised and to avoid any futile litigation and to save
the public money and time which would be otherwise
wasted on unnecessary litigation.
`9. The Supreme Court in Raghunath Das v. Union of
India, holding this:
“The object of the notice contemplated by Section 80,
CPC is to give to the concerned Government and
public officers opportunity to reconsider the legal
position and to make amends or settle the claim, if so
advised without litigation. The legislative intention
behind that section is that public money and time
should not be wasted on unnecessary litigation and the
Government and the public officers should be given a
reasonable opportunity to examine the claim made
against them lest they should be drawn into avoidable
litigation. The purpose of law is advancement of
justice. The provisions in Section 80 are not intended
to be used as booby trap against ignorant and illiterate
persons.”
11. Apart from this, we find that the appellant’s suit was
already registered by the Court first and ex parte interim
order was also passed in this. It was thereafter transferred
to District Court along with the application for grant of
leave. From this it could also be easily presumed that the
Court had impliedly granted the leave to institute the suit
or that the notice stood waived in the facts and
circumstances of the case. This aspect seems to have
gone totally unnoticed with Trial Court proceedings
mechanically in the matter to dismiss the suit for want of
notice under Section 80, CPC.
14. But this apart taking in regard that this Court had
registered the suit and granted the stay order and that
respondents had contested it all through, even notice
under Section 53B should be deemed waived in the
facts and circumstances of the case. After all the
purpose of notice under Section 53B of DDA Act is
the same as that of Section 80, CPC i.e. to bring the
claim to the authority’s notice so that it may concede
or contest it. Once the authority had contested it on
merits even at preliminary stage, it could not complain
of non- service of notice under Section 53B now. Nor
could it be held fatal to justify the dismissal of the suit.
CS SCJ no. 592/2024 Nanig Ram vs Govt. of NCT of Delhi 6/16
15 Viewed this, we allow this appeal and set aside the
impugned dismissal order. Technically this would revive
appellant’s suit for consideration of appellant’s
application for grant or refusal of leave but we feel that
much water had flowed down since and doing so would
be an exercise in futility because parties have already
contested the suit on merit all through and all these
years. It would be ridiculous and hypertechnical to take
them back to square one for a fresh debate on service of
two months’ notice under Section 80, CPC or Section
53B of DDA Act. Both notices shall, therefore, be
deemed waived in the facts and circumstances of the
case and appellant’s suit No. 316 shall be revived and
disposed of under law on merit.
Therefore, once defendant no.2/MCD has contested the
present suit, it cannot be dismissed by recourse to section 477
and 478 of DMC Act. The present suit is held to be maintainable
and said issues is decided in favour of plaintiff and against
defendant no.2/MCD.
11. Issue no. i)Whether the plaintiff is entitled to a decree of
declaration whereby Buddhi @ Buddhi Ram be declared as not
alive as prayed in prayer of the plaint? OPP.
Issue no. ii) Whether the plaintiff is entitled to a decree of
mandatory injunction to issue Civil Death certificate from
defendant no.2 as prayed for in prayer of the plaint? OPP.
Issue no. iv) Whether the plaintiff is entitled to as prayed
for? OPP.
All three issues are taken up together being connected. The
onus to prove these issues was upon the plaintiff. The jurisdiction
of a civil court to grant declaratory relief flows from section 34
of Specific Relief Act, 1963. Section 34 of Specific Relief Act,
1963 reads as under:
” 34. Discretion of court as to declaration of status or right.-
CS SCJ no. 592/2024 Nanig Ram vs Govt. of NCT of Delhi 7/16
Any person entitled to any legal character, or to any
right as to any property, may institute a suit against any
person denying, or interested to deny, his title to such
character or right, and the court may in its discretion
make therein a declaration that he is so entitled, and the
plaintiff need not in such suit ask for any further relief:
Provided that no court shall make any such declaration
where the plaintiff, being able to seek further relief than
a mere declaration of title, omits to do so.
Explanation.–A trustee of property is a “person
interested to deny” a title adverse to the title of some
one who is not in existence, and whom, if in existence,
he would be a trustee.”
Strictly speaking, the relief as to declaration of civil
death does not fall withing the purview of section 34 of
Specific Relief Act, 1963, since generally neither it relates
to the legal character or right as to property of the person
seeking such declaration nor can the civic authorities be said
to be interested to deny such character or right. Moreover,
such declaration is generally sought without seeking any
further relief. However, it is no more res integra that section
34 of Specific Relief Act, 1963 is not exhaustive of all kinds
of declaratory reliefs and that a declaratory suit can still be
maintained which may not fall within its purview. In
Vemareddi Ramaraghava Reddy v. Konduru Seshu Reddy,
AIR 1967 SC 436, It was observed by Hon’ble Supreme
Court:
“The legal position is also well-established that the
worshipper of a Hindu temple is entitled, in certain
circumstances, to bring a suit for declaration that the
alienation of the temple properties by the de jure
Shebait is invalid and not binding upon the temple.
if a Shebait has improperly alienated trust property a
suit can be brought by any person interested for a
declaration that such alienation is not binding upon
the deity but no decree for recovery of possessionCS SCJ no. 592/2024 Nanig Ram vs Govt. of NCT of Delhi 8/16
can be made in such a suit unless the plaintiff in the
suit has the present right to the possession.
Worshippers of temples are in the position of cestuui
que trustent or beneficiaries in a spiritual sense (See
Vidhyapurna Thirthaswami v. Vidhyanidhi
Thirthanswami). Since the worshippers do. not
exercise the deity’s power of suing to protect its own
interests, they are not entitled to recover possession
of the property improperly alienated by the Shebait,
but they can be granted a declaratory decree that the
alienation is not binding on the deity (See
for example, Kalyana Venkataramana Ayyangar v.
Kasturiranga Ayyangar(4) and Chidambaranatha
Thambiran v. Nallasiva Mudaliar). It has also been
decided by the Judicial Committee in Abdur Rahim
v. Mahomed Barkat Ali that a suit for a declaration
that property belongs to a wakf can be maintained
by Mahomedans interested in the wakf without the
sanction of the Advocate-General, and a declaration
can be given in such a suit that the plaintiff is not
bound by the compromise decree relating to wakf
properties. In our opinion, s. 42 of the Specific
Relief Act is not exhaustive of the cases in which a
declaratory decree may be made and the courts have
power to grant such a decree independently of the
requirements of the section. It follows, therefore, in
the present case that the suit of the plaintiff for a
declaration that the compromise decree is not
binding on the deity is maintainable as falling
outside the purview of s. 42 of the Specific Relief
Act.”
It was further observed by Hon’ble Supreme Court
that declaratory reliefs falling outside Specific Relief Act
may fall under the general provisions of Civil Procedure
Code, like section 9 or Order VII Rule 7 CPC. This was
reiterated in General Films Exchange Ltd. v. H.H. Maharaja
Sir Brijnath Singhji Deo, AIR 1975 SC 1810, wherein it was
observed by Hon’ble Apex Court:
” In Sheoparsan Singh & Ors. case (supra), what
was really held by the Privy Council was that a
grant of probate under the Probate and
Administration Act (V of 1881), which operated
as a judgment in rem, could not be collaterally
assailed by a suit for a declaration brought by
reversioners seeking to question the will. Sir
Lawrence Jenkins who had, incidentally, decidedCS SCJ no. 592/2024 Nanig Ram vs Govt. of NCT of Delhi 9/16
Deokali Koer’s case (supra) too said (at p. 97):
It is not suggested that in this litigation the
testamentary jurisdiction is, or can be, invoked, and
yet there can be no doubt that this suit is an attempt
to evade or annul the adjudication in the
testamentary suit, and nothing more.”
We think that the decision in this case also does
not assist the appellant much.
In Bai Shri Vaktuba’s case (supra), the Bombay
High Court held that a Talukdar plaintiff could
bring a suit for a declaration and an injunction to
restrain the defendant from claiming that he was
the plaintiff’s son. Learned Counsel for the
appellant, however, relied upon the following
passage from it (at p. 650):
“It has long been established that the general
power vested in the Courts in India under the
Civil Procedure Code to entertain all suits of a
civil nature excepting suits of which cognizance
is barred by any enactment for the time being in
force, does not carry with it the general power of
making declarations except in so far as such
power is expressly conferred by statute.”
Kishori Lal’s case (supra) was cited to show that
declaratory decrees falling outside Section 42 of the Specific
Relief Act are not permissible because Section 42 Specific
Relief Act is exhaustive on this subject. This view must be
held to have been rejected by this Court when it declared in
Veruareddi Rmaranghava Reddy & Ors. v. Konduru Seshu
Reddy & ors (1) (at p. 277)
In our opinion, S. 42 of the Specific Relief Act is not
exhaustive of the cases in which a declaratory decree may
be made and the courts have power to grant such a decree
independently of the requirements of the section It follows,
therefore, in the present case that the suit of the plaintiff for
a declaration that the compromise decree is not binding on
the deity is maintainable as falling outside the purview of
S.. 42 of the Specific Relief Act“.
CS SCJ no. 592/2024 Nanig Ram vs Govt. of NCT of Delhi 10/16
The result is that Section 42 merely gives statutory
recognition to a well-recognised type of declaratory relief
and subjects it to a limitation, but it cannot be deemed to
exhaust every kind of declaratory relief or to circumscribe
the jurisdiction of Courts to give declarations of right in
appropriate cases falling outside Section 42.”
Therefore, Section 34 of Specific Relief Act cannot be not
held to be the sole repository of the cases in which declaratory
decrees may be made and the Courts have the power to grant
such a decree independently of the requirements of the section,
and such declarations can be granted even though no
consequential relief is capable of being granted.
Further, there are judicial precedents to hold that a suit for
declaration of civil death of a person unheard of for more than
seven years is maintainable. In Swati & Others V.s Abhay &
Others, MANU/MH/0334/2016, Hon’ble Bombay High Court
has held such a suit to be maintainable. The relevant observation
are as under:
” 7. In the light of the dictum laid down by the Apex Court as above, I
am of the firm opinion that the Civil Court acting under Section 9, has
inherent powers in its plenary jurisdiction de hors with reference to
Section 34 of the Specific Relief Act to grant relief qua Section 108 of
the Evidence Act. Therefore, the reason that Section 34 of the Specific
Relief Act was required to be called in aid does not appear to be
sound.”
In Alka Sharma v. Union of India & Others
MANU/UP/0209/2020, the plaintiff had filed a suit for
declaration of civil death of his mother. The Trial Court as well
as the first appellate Court had dismissed the suit. Hon’ble
Allahabad High Court, while passing decree in second appeal,
held as under :
CS SCJ no. 592/2024 Nanig Ram vs Govt. of NCT of Delhi 11/16
“16 In the light of the aforesaid decision of the Hon’ble Supreme
Court, there is no hesitation in my mind to hold that the courts
below have failed to act judiciously and in accordance with the
provisions of law and have unnecessarily entered into those grey
areas which are not subject matter of any dispute and in regard to
which no dispute was raised depicting limited extent of their
judicial knowledge and capability to appreciate and deal with the
facts of the case. Since, Union of India was a party, it was
represented through out, and it was not the case of the Union that
any objection was filed by any of the relatives of Sri Govind
Prasad Sharma so to the claim put-forth by the applicant or to the
effect that she was not entitled to the residence allotted to Sri
Govind Prasad Sharma in her official capacity, there was
sufficient plethora of evidence to the effect that the presumption
should have been drawn as to the civil death of Sri Govind
Prasad Sharma as twin requirements of law as laid down in
Sections 107 and 108 of the Evidence Act about declaration of a
civil death were fulfilled. There is no requirement of final report
from the police to draw a presumption under Sections 107
and 108 of the Evidence Act. As far as final report is concerned,
Section 173 of the Code of Criminal Procedure deals with
report of police officer on completion of investigation. Section
173(2) does not prescribed any time limit for completion of
investigation and further Section 173(8) only provides for
further investigation in respect of an offence after a report under
sub-section (2) has been forwarded to the Magistrate. Further,
the law prescribes that in case the Magistrate is inclined to
accept the final report and decides to drop the charges against
the accused, then only notice to the complainant is necessary. In
case, cognizance is taken by the Magistrate on a report
submitted by the police under Section 173 (2) of Cr.P.C., then
no notice is required to be served on the complainant. In case of
Pramod Behl vs. State of Jharkhand, 2004 Crl. L. J NOC 362
(Jhar), though it has been held that where the police after
investigation files final report, copy of final report would be
given to the informant and opportunity of hearing shall also be
given to him.
CS SCJ no. 592/2024 Nanig Ram vs Govt. of NCT of Delhi 12/16
17. In the light of the above discussion, the courts below
committed serious error in law, which has resulted into
miscarriage of justice to the appellant and which is corrected
now.
18. In view of the aforesaid, the substantial question of law
framed in this appeal is answered in negative and it is held that
submission of the final report by the police is not mandatory
inasmuch as police investigation is in the domain of criminal law
and that is neither influenced by the plaintiff claiming such
declaration nor is within the authority and control of the plaintiff
seeking such declaration. Once the factum of lodging a report and
not hearing about that person for seven years or more is proved
and admitted by the defendant employer of the husband in regard
to whom declaration is being sought, is sufficient to hold that
requirement of Section 108 of the Evidence Act has been
fulfilled. It has been arbitrarily held by the learned Civil Judge
(Senior Division) that the plaintiff was oblige to seek any other
declaration in regard to claim of service benefits in addition to
the declaration of civil death.
In Vijaya Shrikant Revale v. Shirish Shrikant Revale &
Ors., 2016 SCC OnLine Bom 1898, It was held by that a civil
court has the power to grant declaratory relief of civil death. It
was observed by Hon’ble Bombay High Court as under :
“10. It is true that only Civil Court has power to give suresh
relief of declaration in such matters. The inquiry under
section 372 of the Act is limited. However, the Court which
conducts the inquiry under Section 372 of the Act is a civil
Court and therefore the said Court is competent to decide the
issue of declaration of death of Shrikant Vishnupant Revale.”
Lastly, Hon’ble Supreme Court in LIC of India Vs.
Anuradha, AIR 2004 SC 2070, held as under:
” On the basis of the above said authorities, we
unhesitatingly arrive at a conclusion which were sum up in
the following words. The law as to presumption of death
remains the same whether in Common Law of England orCS SCJ no. 592/2024 Nanig Ram vs Govt. of NCT of Delhi 13/16
in the statutory provisions contained in Sections 107 and
108 of the Indian Evidence Act, 1872. In the scheme of
Evidence Act, though Sections 107 and 108 are drafted as
two Sections, in effect, Section 108 is an exception to
the rule enacted in Section 107. The human life shown to be
in existence, at a given point of time which according to
Section 107 ought to be a point within 30 years calculated
backwards from the date when the question arises, is
presumed to continue to be living. The rule is subject to a
proviso or exception as contained in Section 108. If the
persons, who would have naturally and in the ordinary
course of human affairs heard of the person in question, have
not so heard of him for seven years the presumption
raised under Section 107 ceases to operate. Section 107 has
the effect of shifting the burden of proving that the person is
dead on him who affirms the fact. Section 108 subject to
its applicability being attracted, has the effect of shifting the
burden of proof back on the on the sa.18.16 one who
asserts the fact of that person being alive. The presumption
raised under Section 108 is a limited presumption confined
only to presuming the factum of death of the person who’s
life or death is in issue. Though it will be presumed that the
person is dead but there is no presumption as to the date or
time of death. There is no presumption as to the facts and
circumstances under which the person may have died. The
presumption as to death by reference to Section 108 would
arise only on lapse of seven years and would not by applying
any logic or reasoning be permitted to be raised on expiry of
6 years and 364 days or at any time short of it. An occasion
for raising the presumption would arise only when the
question is raised in a Court, Tribunal or before an authority
who is called upon to decide as to whether a person is alive
or dead. So long as the dispute is not raised before any forum
and in any legal proceedings the occasion for raising does
not arise”.
12. The grant of decree of declaration of civil death of a
CS SCJ no. 592/2024 Nanig Ram vs Govt. of NCT of Delhi 14/16
person is founded on the presumption envisaged in Section
108 of the Indian Evidence Act, 1972. The said provision
propounds that if a person has not been heard of for seven years
by those who would naturally have heard of him if he had been
alive, the burden of proving that he is alive is shifted upon the
person who affirms it. The presumption raised under Section 108
is a limited presumption confined only to presuming the factum
of death of the person whose life or death is in issue. Though, it
will be presumed that the person is dead but there is no
presumption as to the date or time of death. In Narbada v. Ram
Dayal, AIR 1968 Raj. 48, it was held that under Section 108 of
the Indian Evidence Act, presumption about the death of a person
is to be drawn when the dispute is brought to the Court and death
can be presumed on the date on which the suit was filed and it
cannot be given a further retrospective effect.
13. There is nothing on record to discredit the testimony of
PW-1. The plaintiff has proved his documents and same not been
disputed by defendant no.2/MCD. In natural course of events, it
can be reasonably expected that a son of a person would hear
from his father. In these circumstances, a presumption as to civil
death of Shri Budhi @ Buddhi Ram S/o Shri Samliya can be
raised. Defendant no.2/MCD not been able to rebut presumption.
14. Accordingly, plaintiff has been successful in proving the
above issues is his favour and he is held entitled to a declaration
that Shri Budhi @ Buddhi Ram S/o Shri Samliya be declared as
presumed dead. The declaration of civil death of Shri Budhi @
Buddhi Ram S/o Shri Samliya shall be effective from the date of
filing of the suit in the light of judgment of Narbada v. Ram
CS SCJ no. 592/2024 Nanig Ram vs Govt. of NCT of Delhi 15/16
Dayal (supra).
15. As far as the prayer for issuance of death certificate is
concerned, nothing has been brought on record by defendant
No.2/MCD that death certificate cannot be granted without
specific date of death being mentioned in such cases where a
declaration of civil death has been sought from the court. Thus,
said issue no.(iii) is also decided in favour of the plaintiff and
against the defendants.
Relief
16. In view of my aforesaid findings, the suit of the plaintiff is
decreed and Shri Budhi @ Buddhi Ram S/o Shri Samliya is
declared as dead from the date of filing of the present suit i.e.
25.04.2024. Defendant no.2/MCD shall issue death certificate in
respect of Shri Budhi @ Buddhi Ram S/o Shri Samliya and his
date of death shall be taken to be the date of filing of the present
suit i.e. 25.04.2024.
17. Decree sheet be prepared accordingly.
18. File be consigned to Record Room.
Announced in the open court (Neha Pandey)
on 1st August, 2025 JSCC/ASCJ/Guardian Judge-01
West, Tis Hazari, Delhi
Digitally
signed by
NEHA
NEHA PANDEY
PANDEY Date:
2025.08.01
16:46:16
+0530
CS SCJ no. 592/2024 Nanig Ram vs Govt. of NCT of Delhi 16/16
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