Himachal Pradesh High Court
Jaswant Singh vs . Vinod Kapoor & Anr. on 27 February, 2023
Author: Jyotsna Rewal Dua
Bench: Jyotsna Rewal Dua
Jaswant Singh Vs. Vinod Kapoor & Anr.
FAO No.424 of 2011 .
27.02.2023 Present: Mr. Rahul Mahajan, Advocate, for the appellant.
Mr. Amit Sharma, Advocate, for respondent No.1.
Mr. Vishwas Kaushal, Advocate vice Mr. Suneet Goel, Advocate, for respondent No.2.
CMP(M) Nos.1619 & 1620 of 2022 These applications have been moved on behalf of the legal representatives of original appellant-Sh. Jaswant Singh. The applications are with a prayer for condoning the delay in filing the application under Order 22 Rules 3 & 9 of the Code of Civil Procedure to bring on record the legal representatives of the original appellant and also for actually bringing on record the legal representatives. It has been submitted in the applications that the original appellant-
Sh. Jaswant Singh died on 21.12.2017. The death occurred during the pendency of the present appeal. The main appeal was listed for hearing during Covid-19 pandemic in July, 2021. The counsel for the appellant wrote a registered letter to him about the listing of the matter for hearing. It is thereafter that the factum of death of the original appellant came to his knowledge, whereafter, efforts were made by the legal representatives of the original appellant to bring themselves on record of the case. In this process, some delay has occasioned in filing the applications.
I have gone through the contents of the applications. The delay in moving the applications has been ::: Downloaded on - 27/02/2023 20:35:32 :::CIS sufficiently explained with cogent reasons. Learned counsel .
for the respondents have submitted that they have no objection for allowing the applications and for bringing on record the legal representatives as detailed in para 4 of CMP(M) No.1619 of 2022. They do not intend to file any reply to the applications.
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For all the aforesaid reasons, the applications are allowed. The delay in filing the application for bringing on legal representatives of deceased appellant [CMP(M) No.1619 of 2022] is condoned. Accordingly, CMP(M) No.1620 of 2022 is allowed and disposed of. The legal representatives detailed in para 4 of CMP(M) No.1619 of 2022 are ordered to be brought on record as appellants No.1(a) to 1(d). CMP(M) No.1619 of 2022 is also allowed and disposed of. Amended memo of parties is already on record. The Registry is also directed to carry out necessary corrections in the cause title.
The applications stand disposed of in the above terms.
FAO No.424 of 2011List for hearing as per turn.
Jyotsna Rewal Dua
February 27, 2023 Judge
Mukesh
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