Himachal Pradesh High Court
Jai Chand & Anr. vs . Hrtc & Ors on 24 April, 2023
Author: Jyotsna Rewal Dua
Bench: Jyotsna Rewal Dua
Jai Chand & Anr. Vs. HRTC & Ors .
FAO No. 419/201424.04.2023 Present: Mr. M.S. Katoch, Advocate, for the appellants/applicants Mr. Paras Dhaulta, Advocate vice Mr. Sunil Mohan Goel, Advocate, for non-applicant/respondent No.2. Mr. Ashwani Kumar, Advocate, for respondents No.3 & 4. CMP(M) No.1377/2022 Prayer in this application is to bring on record the legal representatives of respondent No.3 after condoning the delay in moving the application and for setting aside the abatement.
Respondent No.3-Gian Bhagat is stated to have died on 27.06.2017. He is said to be survived by his wife Smt. Sanam Zang, as per details given in paragraph-4 of the application.
It has been pleaded in the application that the factum of death of respondent No.3 came to the knowledge of the applicants on 08.07.2022, whereafter steps were taken to move the application. In the said process, delay has occurred. Hence, the application has been moved under Order 22 Rule 4 & 9 read with Section 5 of the Limitation Act. Learned counsel for the non-applicants have no objection in allowing the prayer.
Proposed legal representative has been served. Learned counsel for proposed legal repres has also no objection in allowing the application. Accordingly, in view of the pleadings and the submissions made by learned counsel for applicants-
appellants, prayer is allowed. Smt. Sanam Zang, is ordered to ::: Downloaded on - 24/04/2023 20:44:33 :::CIS be substituted in place of deceased- respondent No.3 and shall figure as respondent No.3(i). Amended memo of parties .
be filed within a period of one week. Registry is directed to carry out necessary correction in the cause title. Application to stand disposed of.
Jyotsna Rewal Dua Judge 24th April, 2023(Rohit) ::: Downloaded on - 24/04/2023 20:44:33 :::CIS