Himachal Pradesh High Court
Dhyan Singh vs . Lachhmi Devi & Anr. on 22 August, 2023
Author: Virender Singh
Bench: Virender Singh
Dhyan Singh Vs. Lachhmi Devi & anr.
RSA No. 446 of 2016 .
22.8.2023 Present: Mr. Romesh Verma, Senior Advocate with Mr. Hitesh Thakur, Advocate, for the appellants No. 1(a) to 1(d) and 1(f).
Ms. Rinki Kashmiri, Advocate vice Mr. Janesh Gupta, Advocate, for the respondents.
CMP(M) No. 441 of 2023 of By way of present application, filed under Order 22 Rule 3 and 9 read with Section 151 of the CPC rt and Section 5 of the Limitation Act, it has been prayed that the legal representatives of sole appellant, Late Sh. Dhyan Singh, who as per averments contained in the application, expired on 30.5.2022, be ordered to be brought on record, after condoning the delay, since the present application has been filed after the prescribed period of limitation.
Although, reply to the present application has been filed, yet considering the factual position, as contained in the application, the applicant has been able to make out the case for condonation of delay. Moreover, the matter is to be decided on the basis of merits and not on the basis of technicalities.
Accordingly, the application is allowed and the legal representatives of deceased appellant, as mentioned in para-1 of the application, are ordered to be brought on record, by setting aside the abatement, if any. The application is, thus, disposed of.
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Amended memo of parties be filed within four weeks. List on 12.9.2023.
(Virender Singh) Judge August 22, 2023 of (kalpana) rt ::: Downloaded on - 22/08/2023 20:37:55 :::CIS