Himachal Pradesh High Court
National Insurance Company vs . Bhim Singh & Anr. on 4 March, 2022
Author: Sandeep Sharma
Bench: Sandeep Sharma
National Insurance Company vs. Bhim Singh & Anr.
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FAO No.250 of 2020 4.03.2022 Present Ms. Jyoti Dogra, Advocate vice Mr. Ishan Sharma, Advocate, for the appellant.
Mr. M.S.Katoch, Advocate, for the respondents.
CMP No.1179 of 2021 By way of instant application, prayer has been made on behalf of the applicant/appellant for bringing on record the LRs of deceased respondent No.1, Sh. Bhim Singh, who has expired on 28.04.2021.
Mr. M.S.Katoch, Advocate has put in appearance on behalf of the persons proposed to be substituted in place of deceased respondent No.1. He states that he does not intend to file any reply to the application and shall have no objection in case the prayer made in the application is allowed.
Having carefully perused the averments contained in the application, which is duly supported by an affidavit as well as documents annexed therewith, this Court finds that respondent No.1, Sh. Bhim Singh has expired on 28.04.2021, leaving behind his LRs, as detailed in para-2 of the application. Since right to sue survives in favour of the persons purposed to be substituted in place of the deceased respondent No.1, there appears to be no impediment in accepting the prayer made in the application.
Consequently, in view of the above, the present application is allowed and persons, as detailed in para-2 of ::: Downloaded on - 04/03/2022 20:15:41 :::CIS the application, are ordered to be substituted in place of .
deceased respondent No.1, whose name otherwise ordered to be deleted from the array of the parties. Registry is directed to carry out necessary corrections in the memo of the parties on the basis of the amended memo of the parties to be filed by learned counsel for the appellant within a period of ten days. Since Mr. M.S.Katoch, Advocate has already put in appearance on behalf of newly impleaded LRs, there is no necessity to issue notice to them. The present application stands disposed of.
FAO No.250 of 2020Since pleadings in the case are complete and parties stands duly represented, now let this matter be listed for final hearing in due course. Record of the Court below be called for.
(Sandeep Sharma) Judge 4th March, 2022 (shankar) ::: Downloaded on - 04/03/2022 20:15:41 :::CIS