Himachal Pradesh High Court
Nand Lal And Another vs . Roop Lal And Others on 17 May, 2023
Author: Ajay Mohan Goel
Bench: Ajay Mohan Goel
Nand Lal and another vs. Roop Lal and others .
RSA No. 150 of 2022 16.05.2023 Present: Mr. H.S. Rangra, Advocate for the appellants/applicants.
Mr. Romesh Verma, Senior Advocate with Mr. Hitesh Thakur, Advocate for proposed legal representatives 1(a) to 1(c).
Respondents No. 2 to 8 and 10 to 14 ex parte.
Respondents No. 1 and 9 are stated to be dead.
CMP(M) No. 98 and 99 of 2023 Proposed legal representatives 1(a) to 1(c) stand served.
Mr. Hitesh Thakur, learned Counsel, has put in appearance on their behalf. On his instructions, Mr. Romesh Verma, learned Senior Counsel, has put appeared for them. Proposed legal representative 1(d) could not be served for want of correct address. Let correct address of said legal representative be filed within a period of one week alongwith fresh process fee and thereafter, fresh notice be issued to said proposed legal representative, returnable for 12.07.2023.
CMP(M) No. 100 and 101 of 2023 By way of these applications, a prayer has been made to bring on record legal representatives of deceased-respondent No. 9 as well as for condonation of delay in filing the application as also for setting aside the abatement.
::: Downloaded on - 17/05/2023 20:43:01 :::CISDespite service, as none has put in appearance on .
behalf of the proposed legal representatives, accordingly, they are ordered to be proceeded against ex parte.
Having heard learned Counsel for the applicants and gone through the averments made in the applications, the same are allowed as prayed for in terms of the reasoning which have been given in paras 2 and 3 of the applications and it is ordered that proposed legal representatives, whose details are given in para-2 of CMP(M) No. 96 of 2023, are ordered to be substituted as respondents No. 9(a) to 9(d) in place of deceased-respondent No. 9.
Delay in filing the application is condoned and abatement is ordered to be set aside.
RSA No. 150 of 2022Notice to newly added respondents No. 9(a) to 9(d), returnable for 12.07.2023, on taking steps within one week.
List on 12.07.2023.
Amended memo of parties, if not filed earlier, be filed within a period of four weeks.
(Ajay Mohan Goel) Judge May 16 2023 (narender) ::: Downloaded on - 17/05/2023 20:43:01 :::CIS