Himachal Pradesh High Court
Gian Chand & Anr. vs . Bisso (Deceased) Through Lrs. on 31 August, 2023
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Gian Chand & Anr. vs. Bisso (deceased) through LRs.
CMP(M) No.1371 of 2022 31.08.2023 Present: Mr. Digvijay Singh, Advocate, for the applicants.
of None for respondents No.1(i) to 1(vi) & 2.
rt Steps for bringing on record LRs of deceased respondent No.3 have not been taken. It appears that the Court was informed about the factum of death of respondent No.3 on 09.12.2022 and the matter was adjourned for bringing on record his LRs., however, no steps have been taken as yet. The statutory period for bringing on record the LRs is 90 days and the effect of not bringing the LRs on record is the abatement. The abatement is automatic and does not require any order from the Court. Hence, the application is dismissed as abated on behalf of deceased respondent No.3. Now, the question left for determination is whether the application for abatement is correct or in default.
Let the matter be listed for consideration on this aspect on 22.09.2023.
(Rakesh Kainthla) Judge August 31, 2023 (reena) ::: Downloaded on - 31/08/2023 20:36:41 :::CIS