Himachal Pradesh High Court
Smt. Sita Devi & Ors. vs . Parma Nand & Ors. on 2 January, 2023
Author: Satyen Vaidya
Bench: Satyen Vaidya
Smt. Sita Devi & Ors. vs. Parma Nand & Ors.
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RSA No. 397 of 2009.
02.01.2023 Present: Mr. K. D. Sood, Sr. Advocate, with Ms. Ranjana Chauhan, Advocate, for the appellants.
Mr. Romesh Verma, Sr. Advocate, with Mr. Hitesh Thakur, Advocate, for respondents No. 1(a) to 1(d), 2 to 4 and 9 to 11.
CMP(M) No. 1556 of 2022.
r The application is allowed for the reasons stated therein. Legal representatives of deceased appellant No.3 as detailed in para-3 of the application are ordered to be impleded as appellant No.3(a) to 3(d).
Registry to carry necessary corrections and amended memo of parties be also filed. The application stands disposed of.
CMP(M) No. 1557 of 2022.
By way of instant application, a prayer has been made to condone the delay in filing the application for brining on record the legal representatives of deceased appellant No.4 and also for setting aside the abatement, if any.
It is averred in the application that the appellant died on 29.03.2018 i.e. during the pendency of this appeal. As per the averments made in the application, the appeal was not being listed for quite a long period and as such there was no interaction inter se the appellants and their counsel. It was only when an application under Order 22, Rule 10-A of the Code of Civil ::: Downloaded on - 02/01/2023 20:34:55 :::CIS Procedure came to be filed on behalf of the respondents, .
that learned counsel for the appellants came to know about the factum of death of appellant No.4 and thereafter the application was prepared and filed in the Court.
It is also submitted in the application that appellant No.5 named Shri Jagdish Chand is otherwise one of the legal representatives of deceased appellant No.4 and the estate of deceased appellant No.4 Shri Nikka Ram is duly represented.
Though, the reply has been filed on behalf of the respondents to the application, but there is no serious contest as far as factual position is concerned. Even otherwise, keeping in view the fact that deceased appellant No.4 is already represented through the originally impleaded respondent No.5 for the purpose of continuation of appeal, no prejudice shall be caused to the respondents.
Keeping in view the entirety of the facts and circumstances of the case, the instant application is allowed. Delay in filing the application for setting aside the abatement as also for brining on record the legal representatives of deceased appellant No.4, is condoned for the reasons, which have been sufficiently explained.
There is no question of abatement as appellant No.5 is already representing the estate of deceased appellant No.4. Accordingly, the application for bringing on record legal representatives of deceased appellant No.4 as ::: Downloaded on - 02/01/2023 20:34:55 :::CIS detailed in para-2 of the application is allowed and legal .
representatives of deceased appellant No.4 be added as appellants No.4(a) to 4(c) as Shri Jagdish Chand mentioned in para-2 of the application as 4(a) is already impleaded as appellant No.5. Registry is directed to carry out necessary corrections in the record. Amended memo of parties be filed.
CMP(M) No. 1558 of 2022.
None for proposed legal representatives of deceased respondent No.7 (a) to 7(c), despite service.
Proposed legal representative No.7(d) not served for want of correct address.
Fresh notice be issued to proposed legal representative No.7(d), returnable on 27th March, 2023.
Steps along with correct address of proposed respondent 7(d) be furnished within two weeks.
(Satyen Vaidya) Judge.
2nd January, 2023.
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