Himachal Pradesh High Court
Satyender Sharma & Ors. vs Sureshta Devi & Ors. on 6 July, 2022
Author: Jyotsna Rewal Dua
Bench: Jyotsna Rewal Dua
Satyender Sharma & Ors. Vs.Sureshta Devi & Ors.
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RSA No. 17/200906.07.2022 Present: Mr. Ajay Chandel, Advocate, for the appellants.
Ms. Sheetal Kaul, Advocate, for respondent No.1.
Mr. Madan Gopal, Advocate vice Mr. Sanjay Jaswal, Advocate, for legal representatives of deceased respondent No.4.
CMP(M) Nos.1015 & 1016/2021 Prayers have been made to bring on record the legal representatives of deceased-respondent No.2/Bal Krishan after condoning the delay in moving the application.
It has been submitted that respondent No.2/Bal Krishan had died on 5.6.2019. His death occurred during the pendency of the present appeal. However, the factum of death of respondent No.2/Bal Krishan was not brought to the notice of the counsel. That the applicants/appellants visited the office of their counsel in October 2021 when they were apprised about the necessity for taking consequential steps on account of death of respondent No.2/Bal Krishan. Respondent No.2/Bal Krishan is said to be survived by his legal representatives mentioned in para-2 of the application (CMP(M) No.1015/2021). Out of these legal representatives, Smt. Surestha is already on record as respondent No.1 in the array of parties. No reply is intended to be filed to the applications by the non-applicants/respondents. Therefore, for the reasons assigned in the applications, the same are allowed. Delay in ::: Downloaded on - 06/07/2022 20:06:32 :::CIS filing the application under Order 22 Rule 4 & 9 of the Code of .
Civil Procedure is condoned thereby allowing the application bearing CMP(M) No.1016/2021 moved under Section 5 of the Limitation of the Act. For the same reason, application under Order 22 Rule 4 and 9 of the Code of Civil Procedure for bringing on record the legal representatives of respondent No.2 bearing CMP(M) No.1015/2021 is also allowed. Since Smt. Sureshta Devi is already figuring as respondent No.1 in the cause title, therefore, the other three legal representatives shall figure as respondents No.2(a) to 2(c) in the cause title.
Registry to carry out necessary corrections in the cause title.
Applications stand disposed of CMP No.13342/2021 17 In this application moved under Order 1 Rule 10(2) read with Order 22, Rule 2 read with Section 151 of the Code of Civil Procedure, a prayer has been made for deletion of name of respondent No.3 Smt. Savitri Devi from the array of parties. As per averments made in the application, respondent No.3 Smt. Savitri Devi had died on 21.03.2017. Her death certificate has been appended alongwith the application. She was survived by her son Sh. Desh Raj as her sole legal representative at that time. It has been further mentioned that Sh. Desh Raj figuring as respondent No.4 in the instant appeal has also died on 24.06.2020. His legal representatives have ::: Downloaded on - 06/07/2022 20:06:32 :::CIS already been brought on record as respondents No.4(a) to .
4(d).
Taking into consideration the unopposed pleadings made in the application and the submissions advanced by learned counsel for the applicants/appellants, the prayer is allowed. Name of respondent No.3 Smt. Savitri Devi is stands disposed of.
r to ordered to be deleted from the array of parties. Application RSA No. 17/2009 Amended memo of parties be now filed within a period of two weeks. List thereafter.
Jyotsna Rewal Dua Judge 06th July 2022(Rohit) ::: Downloaded on - 06/07/2022 20:06:32 :::CIS