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Himachal Pradesh High Court

Roshan Lal vs . Mahant Ram & Anr. on 3 July, 2023

Author: Sushil Kukreja

Bench: Sushil Kukreja

Roshan Lal Vs. Mahant Ram & anr.

RSA No.142 of 2012 .

03.07.2023 Present: Ms. Rinki Kashmiri, Advocate vice Mr. Janesh Gupta, Advocate, for the appellant. Mr. G.R. Palsra, Advocate, for respondent No.1 & for proposed legal heirs of deceased respondent No.2, i.e. respondents No.2(a) to 2(d).

CMP (M) No.470 of 2023 The instant application under Order 22, Rules 4, 9 and 11, read with Section 151 of the Code of Civil Procedure and Section 5 of Limitation Act has been filed by the applicant/appellant for bringing on record the legal heirs of deceased respondent No.2 Sant Ram.

As per the applicant/appellant, respondent No.2 has expired on 01.07.2014 and left behind his legal heirs, as mentioned in para-1 of the application, who are required to be brought on record. The application is duly supported by the affidavit of the applicant/appellant.

Learned counsel for the non-applicants/ respondents No.1 and legal heirs of deceased respondent No.2 i.e. 2(a) to 2(d), has submitted that he does not intend to file reply to the application and has no objection in case the application is allowed.

Heard. Keeping in view the facts and circumstances of the case and since right to sue survives in favour of the non-applicants, the application is allowed ::: Downloaded on - 03/07/2023 20:48:37 :::CIS and legal heirs of deceased respondent No.2, as .

mentioned in para-1 of the application, are ordered to be brought on record, after setting aside the abatement, if any.

The application stands disposed of.

weeks.

r to Amended memo. of parties be filed within two List on 02.08.2023.

                                                ( Sushil Kukreja )


    July 03, 2023                                     Judge
           (VH)







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