Himachal Pradesh High Court
Agya Ram vs . Kamla Devi on 26 April, 2023
Author: Sandeep Sharma
Bench: Sandeep Sharma
Agya Ram Vs. Kamla Devi CR No. 69 of 2018 .
26.4.2023 Present: Mr. Rajiv Rai,Advocate, for the petitioner.
Mr. Dinesh Bhanot, Advocate, for respondents No.1.
Mr. Ashwani Kaundal, Advocate, for LRs of deceased respondent No.2.
Mr. Mukesh Sharma, Advocate, for respondents No. 3 to 8.
CMP(M) No. 218/2023 & CMP(M) No. 219/2023 By way of instant applications filed under Order 22 Rule 4,9 and 11 read with Section 151 of CPC and Section 5 of the Limitation Act, prayer has been made on behalf of the applicant, for bringing on record the LRs of deceased respondent No.2-Bimla, who has expired on 6.11.2020, Mr. Ashwani Kaundal, Advocate, has instructions to appear on behalf of LRs of deceased respondent No.2. He states that he does not intend to file replies to the applications and has no objection in case the prayer made in the applications is allowed.
Having heard learned counsel for the applicant and perused the averments made in CMP(M) No. 219 of 2023, this Court is convinced and satisfied that delay in maintaining the application (CMP(M) No. 218 of 2023), is neither intentional nor willful, rather the same has occurred on account of the circumstances, which were completely beyond the control of the applicant, as such delay in filing the application is condoned and ::: Downloaded on - 26/04/2023 20:42:59 :::CIS
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abatement, if any, is also set aside. It is evident from the death .
certificate, placed on record, that respondent No.2-Bimla has expired on 6.11.2020, leaving behind LRs as detailed in paragraph 4 of the application. Since right to sue survives in favour of the proposed LRs, detailed in para 4 of the application, there appears to be no impediment in allowing the application.
Accordingly, the same is allowed and the persons detailed in paragraph 4 of CMP(M) No. 218/2023 are ordered to be substituted in place of deceased respondent No.2-Bimla, whose name is ordered to be deleted from the array of party-
respondents. Registry is directed to carry out necessary correction in the memo of parties.
CR No. 69 of 2018Mr. Ashwani Kaundal, Advocate, has put in appearance on behalf of newly added respondents. He prays for and is granted four weeks' time to file Power of Attorney on their behalf. In the meantime, learned counsel for the petitioner may also take steps for the service of respondent No.15 and thereafter notice be issued to her returnable within four weeks. List thereafter.
(Sandeep Sharma) Judge 26th April, 2023 (Guleria) ::: Downloaded on - 26/04/2023 20:42:59 :::CIS