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Himachal Pradesh High Court

Smt. Roshni Devi And Others vs . Shri Brahm Dass And Others on 17 August, 2022

Author: Ajay Mohan Goel

Bench: Ajay Mohan Goel

Smt. Roshni Devi and others Vs. Shri Brahm Dass and others RSA No. 376 of 2010 .

17.08.2022 Present: Mr. Neeraj Gupta, Senior Advocate, with Mr. Pranjal Munjal, Advocate, for the appellants.

Mr. Het Ram Thakur, Advocate, vice Mr. Sanjeev Sood, Advocate, for respondents No. 1, 2 & 4 and proposed legal representatives No. 3(a) to 3(d) of deceased respondent No. 3.

M/s Sumesh Raj & Dinesh Thakur, Additional Advocate Generals, with Mr. Amit Kumar Dhumal, Deputy Advocate General, for respondent No. 5.

CMP(M) No. 1074 of 2022 By way of this application filed under 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. 4 from the array of respondents, who is stated to have died during the pendency of this appeal on 22.01.2016, as her legal representatives are already on record as respondents No. 1 and 2.

There is no objection to the application and accordingly, the same is disposed of by ordering the deletion of name of respondent No. 4 from the array of respondents and taking on record the factum of her legal representatives already on record as respondents No. 1 and 2.

By way of this application, a prayer has been made to bring on record the legal representatives of deceased respondent No. 3, who is stated to have died during the pendency of the appeal on 19.11.2020. Further, a prayer has been made for condonation of delay in filing the application and for setting aside abatement, if any.

Notice to the proposed legal representatives. Mr. Het Ram Thakur, learned counsel, has put in appearance on behalf of proposed legal representatives No. 3(a) to 3(d). He submits that .

he has no objection in case the application is allowed.

Having heard learned counsel for the parties and after perusing the averments made in the application, the same is allowed by ordering the deletion of name of respondent No. 3 and further ordering the substitution of deceased respondent by her legal representatives, who are ordered to be substituted as respondents No. 3(a) to 3(d). The delay in filing the application is condoned and abatement is ordered to be set aside. The application stands disposed of.

Notice to the newly added respondents No. 3(a) to 3(d). Mr. Het Ram Thakur, learned counsel accepts notice on behalf of the newly added respondents. As prayed for, amended memo of parties be filed within four weeks. List thereafter.

(Ajay Mohan Goel) Judge August 17, 2022 (bhupender) ::: Downloaded on - 18/08/2022 20:03:29 :::CIS