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Himachal Pradesh High Court

Khem Raj & Ors. vs . Raj Kumar & Ors. on 1 June, 2023

Author: Jyotsna Rewal Dua

Bench: Jyotsna Rewal Dua

Khem Raj & Ors. Vs. Raj Kumar & Ors.

RSA No.43 of 2023 .

01.06.2023 Present: Mr. Sumit Sharma, Advocate, for the appellants.

Mr. Ajay Chandel, Advocate, for respondent No.1.

Mr. Tek Chand, Advocate, for respondents No.2 and 3.

CMP No.4810 of 2023 Learned counsel for the appearing respondents do not intend to file any reply to the application.

Prayer in the application is for deletion of names of respondents No.4 and 8 from the array of parties.

Respondents No.4 and 8 are Smt. Geeta Devi and Sh. Jai Singh, respectively. The application pleads that respondents No.4 and 8 were though impleaded as parties in the civil suit, however, they were ordered to be deleted by the learned First Appellate Court vide order dated 23.07.2022. This averment made in the application finds support from the judgment and decree passed by the learned First Appellate Court on 31.10.2022, wherein respondents No.4 and 8 though figure in the array of parties, but have been shown to have died in the presence column.

Accordingly, the application is allowed.

Respondents No.4 and 8 are ordered to be deleted from the array of parties. Amended memo of parties be filed within two weeks. The Registry is directed to carry out necessary corrections in the cause title.

The application stands disposed of.

.

Notice issued to the proposed guardian of respondent No.6 is awaited. Let fresh notice be issued to Sh. Sanjeev Kumar S/o Sh. Raghu Ram, resident of Village Behar, Post Office and Tehsil Sarkaghat, District Mandi, days.

r to H.P., returnable for 07.07.2023, on taking steps within two List on 07.07.2023.

                                              Jyotsna Rewal Dua
    June 01, 2023                                   Judge
       Mukesh







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