Himachal Pradesh High Court
Anil Kaundal vs . Smt. Janki Devi & Others on 27 July, 2023
Author: Virender Singh
Bench: Virender Singh
Anil Kaundal Vs. Smt. Janki Devi & others .
RSA No. 526 of 2019 27.7.2023 Present: Mr. Anand Sharma, Senior Advocate with Mr. Karan Sharma, Advocate, for the appellant/applicant.
Mr. Arsh Rattan, Advocate, for newly added respondents No. 7(a) to 7(f)/non-applicants.
Names of respondents No. 4 and 7 are deleted.
None for respondents No. 8, 9, 10, 11 and 12.
CMP(M) No. 899 of 2023 By way of present application, filed under Order 22 Rule 4 and 9 of the CPC and Section 5 of the Limitation Act, the applicant/appellant has prayed that legal representatives of deceased respondent No. 7, late Smt. Santosh Jain, who, as per averments contained in the application, expired on 11.10.2022, be ordered to be brought on record, after condoning the delay, since the present application has been filed after the prescribed period of limitation.
In view of no objection made by learned counsel appearing for the non-applicants, the application is allowed and the legal representatives of deceased respondent No. 7, whose names have been mentioned in para-3 of the application, are ordered to be brought on record, by setting aside the abatement, if any. The application is, thus, disposed of.
RSA No. 526 of 2019Amended memo of parties stands filed. Be taken on record.
::: Downloaded on - 27/07/2023 20:43:59 :::CIS Notices issued to respondents No. 1 to 3 and 5.
have not been received back either served or unserved.
For awaiting the same, list on 24.8.2023.
Notice issued to respondent No. 6 received back unserved for want of correct address. Needful be done within a week and thereafter, notice be issued to respondent No. 6, returnable for the next date of hearing.
Requisite steps for bringing on record the legal representatives of deceased respondent No. 4 have not been taken. Needful be done on or before the next date of hearing.
Power of attorney on behalf of newly added respondents be also filed, on or before the next date of hearing.
(Virender Singh) Judge July 27, 2023 (kalpana) ::: Downloaded on - 27/07/2023 20:43:59 :::CIS