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Himachal Pradesh High Court

Shri Padam Dev vs Smt. Shakuntla Devi And Others on 13 May, 2019

Author: Sureshwar Thakur

Bench: Sureshwar Thakur

          IN THE HIGH COURT OF HIMACHAL PRADESH
                         SHIMLA




                                                                                .

                                                           RSA No. 261 of 2018
                                                           Decided on : 13.5.2019





    Shri Padam Dev                                                           ...Appellant.
                         Versus
    Smt. Shakuntla Devi and Others                                           ....Respondents.
    Coram:



    Whether approved for reporting?1
                           r                 to
    The Hon'ble Mr. Justice Sureshwar Thakur, Judge.

    For the Appellant:                            Mr. Romesh Verma, Advocate.

    For the Respondents:                          Mr. Ajay Shandil, Advocate,                          for
                                                  respondents No. 2,3 and 5.



               Sureshwar Thakur, J (oral)

Through CMP(M) No. 195 of 2019, the applicant/appellant seeks substitution of deceased co­respondent No. 6, by his LRs, as, disclosed in paragraph 2 of the application. However, the demise of the afore litigant, occurred on 14.10.2017. The learned trial Judge pronounced a verdict upon Civil Suit RBT No. 124­1 of 13/05 on 21.9.2017, and, an appeal bearing No. 40­S/13 of 2017, was hence reared therefrom before the learned first appellate Court, on 29.11.2017. Consequently demise of the 1 Whether reporters of the local papers may be allowed to see the judgment?

...2...

afore litigant occurred in the interregnum inter­se the rendition .

of a verdict by the learned trial Judge, upon, the afore civil suit, and, the rearing of an appeal therefrom, before the learned first Appellate Court. Consequently, jurisdiction, if any, to make an order, upon, the afore application, for, seeking therethrough substitution, of, the deceased litigant, rather solitarily vested in the learned first Appellate Court, and, it does not vest in the instant Court. Accordingly, for want of jurisdiction, the, extant CMP(M) No. 195 of 2019 is dismissed.

2. Since the afore litigant was continued to be arrayed in the memo of parties of the extant RSA, and, also in the verdict recorded by the learned first Appellate Court, and, since the impugned verdict pronounced upon the afore Civil Appeal, has been rendered, without his name being ordered to be deleted, or, without his being substituted by his LRs, (a) thereupon, the impugned verdict is rendered nonest, and, is quashed and set aside. Consequently, the matter is remanded to the learned first appellate Court, to, upon an application standing moved therebefore, for the afore purpose, hence pass an appropriate ::: Downloaded on - 16/05/2019 21:57:35 :::HCHP ...3...

order thereon, in accordance with law, and, thereafter, to, also .

record a fresh decision, within four months, on the afore Civil appeal. The parties are directed to appear before the learned first Appellate Court, on 30.5.2019.

In view of the above, the present appeal is disposed (priti) r to of, alongwith all pending applications.

    13th May, 2019                                ( Sureshwar Thakur ),
                                                            Judge.









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