Himachal Pradesh High Court
Jagmohan Singh & Others vs State Of H.P. & Others on 14 July, 2017
Author: Dharam Chand Chaudhary
Bench: Dharam Chand Chaudhary
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.
RSA No. 494 of 2016.
Decided on: 14th July, 2017 .
Jagmohan Singh & Others .........Petitioner.
Versus State of H.P. & Others ....Respondents.
Coram The Hon'ble Mr. Justice Dharam Chand Chaudhary, Judge. Whether approved for reporting?1 For the petitioner : Mr. Neeraj Gupta, Advocate.
For the Respondents : Mr. Pramod Thakur & Mr. Varun Chandel, Addl. A.Gs. for respondent No.1.
Dharam Chand Chaudhary, J. (oral).
RSA No.494 of 2016 & CMP No. 5389 of 2017.
Since Daya Ram, who was appellant No.6 in the lower appellate Court, as per the death certificate has expired on 17.11.2009 i.e. during the pendency of the appeal in lower appellate Court and as the judgment and decree under challenge has 1 Whether reporters of Local Papers may be allowed to see the judgment? Yes.
::: Downloaded on - 18/07/2017 23:58:08 :::HCHP 2been passed against a dead person, hence as per the settled legal principles, nullity. The same is quashed and set aside. The case is remanded to .
learned lower appellate Court for fresh disposal in accordance with law after affording an opportunity to the appellant-plaintiff to take consequential steps on the death of appellant-plaintiff Daya Ram and deciding the question of abatement of the appeal on the death of said Daya Ram.
r The parties, through learned counsel representing them are directed to appear before leaned lower appellate Court on 21st August, 2017. The application and the appeal stands disposed of accordingly. Pending application(s), if any shall also stand disposed of.
(Dharam Chand Chaudhary)
July 14, 2017 (ps) Judge.
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