Himachal Pradesh High Court
Khem Chand vs . Bishani Devi & Others on 5 April, 2022
Author: Vivek Singh Thakur
Bench: Vivek Singh Thakur
Khem Chand vs. Bishani Devi & others .
RSA No.169 of 2020-D 05.04.2022 Present: Mr. B.L. Soni, Advocate, for the appellant.
Mr.Anirudh Sharma, Advocate, vice Ms.Devyani Sharma, Advocate, for respondents No.1 to 6.
Respondents No.7 and 11 are ex parte vide order dated 01.10.2020.
Respondents No.8 and 9 are ex parte vide order dated 16.03.2021.
r CMP(M) No.346 of 2022 This application has been filed for substitution of deceased respondent No.10-Gurpal Singh.
Learned counsel for the applicant-appellant submits that on 28.08.2021 it was informed by learned counsel for appearing respondents that respondent No.11 Gurvinder Singh has expired. But on inquiry, it was found that instead of respondent No.11. Gurvinder Singh, respondent No.10-Gurpal Singh had expired and, therefore, his death certificate was obtained on 08.10.2021. Thereafter, on 20.12.2021, this application for his substitution has been filed. According to application, there is only one legal heir i.e. wife of deceased namely Archana Devi, who is residing in Village Chatra, P.O. Sakri, Tehsil Dehra, District Kangra, H.P. Before deciding this application, it would be appropriate to issue notice to proposed respondent/legal heir of deceased respondent No.10-Gurpal Singh. Therefore, on taking steps within three days, notice, returnable within four weeks, be issued to proposed respondent/legal heir of deceased respondent No.10-Gurpal Singh.
(Vivek Singh Thakur) Judge April 5, 2022 (Purohit) ::: Downloaded on - 05/04/2022 20:15:20 :::CIS