Himachal Pradesh High Court
Sarla Gupta vs . Nar Singh Dass Gupta & Ors. on 10 January, 2023
Author: Sandeep Sharma
Bench: Sandeep Sharma
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Sarla Gupta vs. Nar Singh Dass Gupta & Ors.
RSA No. 493 of 2014 10.1.2023 Present: Mr. Romesh Verma, Senior Advocate with Mr. Sumit Sharma, Advocate, for the appellant-applicant.
Mr. Vedhant Ranta, Advocate, for respondent No. 1/non-applicant.
CMP(M) No. 97 of 2021 By way of instant application filed, under Order 22 Rules 4 & 9 CPC read with Section 5 of Limitation Act, prayer has been made on behalf of the applicant/appellant for bringing on record legal representatives of deceased respondent No. 5- Pitamber Lal Gupta, who has expired on 18.12.2019, leaving behind his LRs, as detailed in para-4 of the application, after condoning the delay and setting aside the abatement.
No reply is intended to be filed on behalf of the non-applicants-respondents.
Record reveals that notices were issued to the legal representatives vide order dated 28.12.2021, but despite service they did not choose to come present, hence they are proceeded against ex-parte vide order dated 16.9.2022 passed by Additional Registrar (Judicial).
Having perused the averments contained in the application, which is duly supported by an affidavit as well as documents annexed therewith, this Court is convinced and satisfied that delay in maintaining the application at hand is neither intentional nor willful, rather same has occurred on account of the circumstances, which were completely beyond the control of the applicant and as such, delay in filing the application is condoned. Abatement, if any, is also set aside. Since right to sue survives in in favour of the LRs proposed to be substituted in ::: Downloaded on - 10/01/2023 20:37:48 :::CIS .
place of deceased respondent No.5, 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 persons named in para- 4 of the application are ordered to be substituted in place of deceased respondent No.5, whose name is ordered to be deleted from the array of the parties. Registry is directed to carry out necessary correction in the memo of the parties on the basis of the amended memo of parties to be filed by learned counsel for the applicant within a period of two weeks.
The application stands disposed of. RSA No.493/2014 Notice to newly added respondents No.5 (a) to 5 (d), returnable within six weeks, on taking steps within one week.
(Sandeep Sharma) Judge 10th January, 2023 (CS/VS) ::: Downloaded on - 10/01/2023 20:37:48 :::CIS