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[Cites 3, Cited by 4]

Himachal Pradesh High Court

State Of H.P. & Anr. vs . Manni Ram & Anr And on 19 June, 2023

Author: Virender Singh

Bench: Virender Singh

State of H.P. & anr. Vs. Manni Ram & anr and connected matter.

.

RFA No. 177 of 2019 a/w CWP No. 3730 of 2019 RFA No. 177 of 2019 19.6.2023 Present: Mr. Mohinder Zaraick, Mr. Harinder Singh Rawat, Mr. Tejasvi Sharma, Additional Advocates General and Ms. Avni Kochhar Mehta & Ms. Leena Guleria, Deputy Advocates General, for the appellants.

Respondent No. 1 is stated to have expired.

Mr. V.S.Chauhan, Senior Advocate with Mr. Ajay Singh Kashyap, Advocate, for respondent No. 2.

Ms. Meera Devi, Advocate, vice Mr. Deepak Gupta, Advocate, for applicant in CMP Nos 12004 and 12005 of 2019.

CWP No. 3730 of 2019

Ms. Meera Devi, Advocate, vice Mr. Deepak Gupta, Advocate, for the petitioner.

Mr. Mohinder Zaraick, Mr. Harinder Singh Rawat, Mr. Tejasvi Sharma, Additional Advocates General and Ms. Avni Kochhar Mehta & Ms. Leena Guleria, Deputy Advocates General, for respondents No. 1 and 2. Respondent No. 3 is stated to have expired.

CMP(M)s No. 643 and 644 of 2023 in RFA No. 177 of 2019 By way of these applications, moved under Order 22 Rule 4 & 9 read with Section 151 of CPC and Section 5 of Limitation Act, legal representatives of respondent No. 1 are sought to be brought on record. The application is stated to have been filed after prescribed ::: Downloaded on - 19/06/2023 20:34:12 :::CIS period of limitation, as such the application under Section .

5 of Limitation Act has also been filed.

Before proceeding further, let notices of these applications be issued to the proposed legal heirs of deceased respondent No. 1, whose names have been mentioned in para­4 of CMP(M) No. 643 of 2023, on steps being taken within a week, returnable for 24.7.2023.

r CWP No. 3730 of 2019

Learned vice counsel appearing for the petitioner states that although, an application for bringing on record the legal representatives of deceased respondent No.3 stands filed, however, the same is lying under objection.

The learned counsel for the petitioner is directed to remove the objection(s), on or before the next date of hearing.

List on 24.7.2023.

(Virender Singh) Judge June 19, 2023 (kalpana) ::: Downloaded on - 19/06/2023 20:34:12 :::CIS