Himachal Pradesh High Court
Shankar vs . Lac And Others on 15 June, 2023
Author: Jyotsna Rewal Dua
Bench: Jyotsna Rewal Dua
Shankar Vs. LAC and others RFA No.126 of 2015 .
15.06.2023 Present: Mr. Suresh Saini, Advocate vice Mr. Rakesh Kumar Bansal, Advocate, for the appellant (since dead).
Mr. Y.P.S. Dhaulta, Additional Advocate General with Ms. Seema Sharma and Mr. Sumit Sharma, Deputy Advocates General, for respondent No.1. Mr. Neeraj Gupta, Senior Advocate with Mr. Vedhant Ranta, Advocate, for respondent No.2.
CMP(M) Nos.438 & 439 of 2023 These applications have been moved to bring on record the legal representatives of deceased appellant-
Sh. Shankar, after condoning the delay in making such prayer. The sole appellant is stated to have died on 03.04.2019. Death certificate reflecting this position has been placed on record. Legal heirs of the sole appellant have been detailed in para 3 of CMP(M) No.438 of 2023. Since the application is not within limitation, hence, CMP(M) No.439 of 2023 has been moved seeking condonation of delay in filing the application under Order 22 Rule 3 of the Code of Civil Procedure (CPC). The application has been opposed by the non-applicant/respondent No.2. The death has occurred during the pendency of the appeal. The appellants have given cogent reasons for condoning the delay in para 3 of CMP(M) No.439 of 2023.
In view of the submissions advanced by learned counsel for the parties, the pleadings made in the application ::: Downloaded on - 15/06/2023 20:33:51 :::CIS and in the interest of justice, the applications are allowed.
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Delay in moving the application under Order 22 Rule 3 CPC is condoned. Accordingly, CMP(M) No.439 of 2023 is allowed and disposed of. For the same reason, CMP(M) No.438 of 2023 is also allowed. Legal heirs of late Sh. Shankar as detailed in para 3 of the application (save and except the legal heirs that are already on record as respondents No.3 to
5) are brought on record as appellants No.1(a) to 1(c).
Learned vice counsel appearing for the appellants submits that he will be filing Power of Attorney on behalf of the newly impleaded appellants within two weeks. Amended memo of parties stands already filed. The Registry is directed to carry out necessary corrections in the memo of parties.
The applications stand disposed of.
RFA No.126 of 2015Post-admission steps for service of respondents No.3 to 5 be taken within the aforesaid period. List thereafter.
Jyotsna Rewal Dua
June 15, 2023 Judge
Mukesh
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