Himachal Pradesh High Court
Sh. Prem Chand & Ors. vs . Sh. Salig Ram & Ors. on 18 October, 2023
Author: Sandeep Sharma
Bench: Sandeep Sharma
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Sh. Prem Chand & Ors. vs. Sh. Salig Ram & Ors. a/w connected matter Civil Revision Nos. 208 and 195 of 2018 18.10.2023 Present: Mr. Neeraj Gupta, Senior Advocate with Mr. of Pranjal Munjal, Advocate, for the petitioners in C.R. No.208 of 2018 and for the respondents in C.R. No.195 of 2018.
rt Ms. Seema K. Guleria, Advocate, for proposed LRs. No.1(a) to 1(f) in C.R. No.208 of 2018 and for the petitioners in C.R. No.195 of 2018. CMP(M) No.343/2023 in C.R. No.208/2018 By way of instant application filed under Order 22 Rule 4 read with Section 151 of CPC, prayer has been made on behalf of the applicants/petitioners for bringing on record LRs of deceased respondent No.1, Sh. Salig Ram, who has expired on 01.01.2023, as is evident from the Death Certificate, placed on record as Annexure A-1.
Though, reply is stated to have been filed, but the same is not on record. Registry is directed to trace and place the same on record, if in order.
Ms. Seema K. Guleria, learned counsel representing proposed LRs No.1(a) to 1(f) of deceased respondent No.1, submits that she has instructions to appear on behalf of aforesaid proposed LRs and has no objection, in case, they are substituted in place of deceased respondent No.1, Sh. Salig Ram. Since right to sue survives in favour of the persons proposed to be substituted in place of deceased respondent No.1 coupled with the fact that Ms. Seema K. Gueria, learned counsel, has filed Power of Attorney on their ::: Downloaded on - 19/10/2023 20:37:18 :::CIS .
behalf, there appears to be no impediment in accepting the prayer made in the application.
Consequently, in view of the above, the present of application is allowed and the non-applicants/respondents, as detailed in para-1 of the application, are ordered to be rt substituted in place of deceased respondent No.1, Salig Ram, whose name is otherwise ordered to be deleted from the array of the parties. Registry to carry out necessary corrections in the memo of parties on the basis of amended memo of parties to be filed by the learned counsel for the applicants/petitioners within a period of one week.
Application stands disposed of.
C.R. No.208/2018 Since, Ms. Seema K. Guleria, learned counsel, has filed Power of Attorney on behalf of the newly impleaded respondents No.1(a) to 1(f), there is no necessity to issue notices to them.
List on 17.11.2023.
CMP(M) No.345/2023 in C.R. No.195/2018 By way of instant application filed under Order 22 Rule 4 read with Section 151 of CPC, prayer has been made on behalf of the applicants/petitioners for bringing on record LRs of deceased petitioner, Sh. Salig Ram, who has expired on 01.01.2023, as is evident from the Death Certificate annexed with the application.
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Leaned counsel representing the non- applicants/respondents, states that he does not intend to file any reply to the instant application and has no objection, in of case, the same is allowed.
Since right to sue survives in favour of the rt persons proposed to be substituted in place of deceased petitioner Salig Ram coupled with the fact that Ms. Seema K. Gueria, learned counsel, has filed Power of Attorney on their behalf, there appears to be no impediment in accepting the prayer made in the application.
Consequently, in view of the above, the present application is allowed and the applicants/petitioners, as detailed in para-3 of the application, are ordered to be substituted in place of deceased petitioner, Salig Ram, whose name is otherwise ordered to be deleted from the array 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.
CMP No.13391/2019 in CR No.195/2018 By way of instant application filed under Order 5 Rule 20(1) of CPC read with Section 151 of CPC, prayer has been made on behalf of the applicant/petitioner for service of respondent No.2(e) through affixation.
No reply is intended to be filed on behalf of non- applicants/respondents.
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It has been averred in the application that since despite best efforts put in, applicant/petitioner has not been able to serve respondent No.2(e) by way of ordinary service, of she is required to be served by way of affixation. It has been further averred in the application that respondent No.2(e) rt though resides on the given address, but she is purposely evading the service.
Consequently, in view of the above, the present application is allowed. Registry is directed to serve respondent No.2(e) by way of affixation of notice at last known address of respondent No.2(e), as mentioned in the memo of parties, returnable for 17.11.2023, on taking steps in this regard by the petitioner, within one week.
Application stands disposed of.
C.R. No.195/2018 List along with C.R. No.208 of 2018.
(Sandeep Sharma) Judge 18th October, 2023 (reena) ::: Downloaded on - 19/10/2023 20:37:18 :::CIS