Himachal Pradesh High Court
Smt. Jasjit Kaur & Anr vs Sh. Pyare Lal Chopra (Now Deceased) ... on 23 April, 2019
Author: Tarlok Singh Chauhan
Bench: Tarlok Singh Chauhan
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CMP(M) No. 1 of 2017 .
Date of decision: 23.04.2019 Smt. Jasjit Kaur & Anr. .....Appellants/Defendants Versus Sh. Pyare Lal Chopra (now deceased) through his LRs. (1a) Sh. Devinder Sain Chopra & Ors.
....Respondents/Plaintiffs Coram The Hon'ble Mr. Justice Tarlok Singh Chauhan, Judge.
Whether approved for reporting?1 For the Applicants/: Mr. Diwan Singh Negi, Advocate.
Defendants For the Respondents/: Mr. Sanjeev Kumar, Advocate, for respondents No. 11(a) to 11(c).
Tarlok Singh Chauhan, Judge (Oral).
It is not in dispute that respondent No. 4 Balwant Singh Sahani expired when the matter was pending adjudication before the learned first Appellate Court.
2. The appellants/defendants who happens to be the appellants/defendants before the learned first Appellate Court had to take steps for bringing on record the legal representatives of respondent No. 4 and for setting aside the abatement.
Accordingly, the case is remanded to the lower Appellate Court for fresh disposal in accordance with law after deciding the 1 Whether the reporters of the local papers may be allowed to see the Judgment?Yes ::: Downloaded on - 24/04/2019 21:59:00 :::HCHP 2 question of abatement and substitution of legal representatives of respondent No. 5.
.
3. Parties, through their counsel(s) are directed to appear before the learned first Appellate Court on 07.05.2019.
The appeal is disposed of accordingly. Pending application(s), if any, also stand disposed of.
23rd April, 2019. (Tarlok Singh Chauhan), (sanjeev) Judge.
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