Himachal Pradesh High Court
Pavinder Kumar vs Jagdish Singh And Others on 13 May, 2022
Author: Jyotsna Rewal Dua
Bench: Jyotsna Rewal Dua
Pavinder Kumar Vs Jagdish Singh and others RSA No.101 of 2012 13.05.2022 Present:
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Mr. Dheeraj K. Vashisht, Advocate, for the appellant.
Ms. Garima Kuthiala and Ms. Anaida Kuthiala, Advocates, for respondents No. 1 to 4.
CMP(M) Nos. 1226 and 1227 of 2021 The applicant has moved these applications for bringing on record the legal heirs of deceased respondent No.16, Shri Ashok Kumar and for condoning the delay in moving such application. Respondent No. l6 is stated to have died on 08.01.2015. His death certificate has been enclosed alongwith the applications. His widow Smt. Shrishta Devi and son Shri Tarun Thakur have been sought to be impleaded as his legal heirs. Notice was issued to the proposed legal heirs. They stand served. However, none appeared on their behalf.
The non-applicants/respondents No. 1 to 4 have filed reply to the application and have submitted that the delay in moving the applications has not been properly explained by the applicant. The applicant submitted that the he became aware about the need for moving of instant application, when respondents moved the application under Order 22 Rule 10(A) of Code of Civil Procedure to take on record factum of death of respondent No.20. Be that as it may, the appeal was instituted in the year 2012. The death has taken place during the pendency of the appeal. There ::: Downloaded on - 13/05/2022 20:08:23 :::CIS are various other respondents contesting the matter. The applicant/appellant has also moved CMP No.1224 of 2012 .
requesting to produce a sale deed allegedly executed in his favour by original respondent No.16, Therefore, in the interest of justice, both these applications are allowed. The delay in moving the application is condoned. The legal heirs of deceased respondent No.16, as detailed in para-2 of CMP(M) No.1226 of 2021 are ordered to be brought on record as respondents No. 16(a) and 16(b).
r Amended
memo of parties be filed within a week. The Registry is
directed to carry out necessary correction in the cause title.
The applications stand disposed of.CMP No.1224 of 2012
The applicant/appellant seeks to lead additional evidence by production of record i.e. sale deed allegedly executed in his favour by the original respondents No.16, 17 and 18.
As prayed for, reply to the application be filed within four weeks.
CMP No.15323 of 2021Rejoinder be filed within four weeks. List thereafter.
Jyotsna Rewal Dua Judge May 13, 2022 (R.Atal) ::: Downloaded on - 13/05/2022 20:08:23 :::CIS