Himachal Pradesh High Court
Mangal Sohan vs . Tarsem Lal on 7 April, 2022
Author: Sandeep Sharma
Bench: Sandeep Sharma
Mangal Sohan vs. Tarsem Lal RSA No. 89 of 2019 .
07.04.2022 Present Mr. Arun Kumar, Advocate, for the appellant.
Mr. R.K. sharma, Advocate, for respondent No.1.
Mr. Nitin Thakur, Advocate, for respondent No.5.
CMP(M) No.763 of 2021 By way of instant application filed under Order 22 Rule 3 of CPC, prayer has been made on behalf of the applicants/appellants for bringing on record LRs of deceased sole appellant Mangal Sohan @ Mangal Singh, who has expired on 14.08.2021, leaving behind his LRs as detailed in para-3 of the application.
No reply is intended to be filed on behalf of the non-
applicants/respondents.
Averments contained in the application, which is duly supported with an affidavit as well as documents annexed therewith, clearly reveals that appellant Mangal Sohan @ Mangal Singh, has expired on 14.08.2021, as is evident from the Death Certificate, Annexure A-1, leaving behind his LRs, as detailed in para-3 of the application, who have otherwise approached this Court by way of instant application for their substitution.
Since, right to sue survives in favour of the persons proposed to be substituted in place of deceased appellant Mangal Sohan @ Mangal Singh, there appears to be no impediment in accepting the prayer made in the application and accordingly, the same is allowed. LRs as detailed in Para-3 of the application are ordered to be substituted in place of deceased appellant Mangal Sohan @ Mangal Singh, whose name is otherwise ordered to be deleted from the array ::: Downloaded on - 08/04/2022 20:11:36 :::CIS of the parties. Registry to carry out necessary correction in the memo .
of parties on the basis of amended memo of parties annexed with the application. Application stands disposed of.
RSA No. 89 of 2019Since, Mr. Arun Kumar, learned Advocate, has definite instructions to appear on behalf of newly impleaded appellants, there is no necessity to issue notice and he may file Power of Attorney on their behalf within a period of two weeks.
Since, pleadings in the case at hand are complete and appeal stands already admitted, list this matter for final hearing on 06.05.2022.
Record of courts below, if not already received, be called for.
Sandeep Sharma) Judge 7th April, 2022 (reena) ::: Downloaded on - 08/04/2022 20:11:36 :::CIS