Himachal Pradesh High Court
Jaan Mohammad vs . Hem Raj on 12 January, 2024
Author: Sandeep Sharma
Bench: Sandeep Sharma
CMPMO No.55 of 2022 12.01.2024 Present: Mr. Surya Chauhan, Advocate, for the petitioners.
Mr. Pranjal Munjal, Advocate vice counsel for respondent Nos. 1, 2, 4 and 5.
CMP(M) No.1882 of 2023 of By way of instant application filed under Order 22 Rule 3 CPC, prayer has been made on behalf of the rt applicants-petitioners for bringing on record the LRs of deceased petitioner No.3, Sh. Liyakat Ali, who has expired on 26.09.2023, leaving behind his LRs, as detailed in para-2 of the application.
No reply is intended to be filed on behalf of the non-
applicants/respondents.
Having perused the averments contained in the application, which is duly supported by an affidavit, this Court finds that petitioner No. 3, Sh. Liyakat Ali has expired on 26.09.2023, as is evident from the death certificate placed on record as Annexure A-1, leaving behind his LRs as detailed in para-2. Since right to sue survives in favour of the LRs proposed to be substituted in place of deceased petitioner No.3, there appears to be no impediment in accepting the prayer made in the application.
Consequently, in view of the above, the present application is allowed and the persons, as detailed in para-2 of the application, are ordered to be substituted in place of deceased petitioner No.3, whose name otherwise ordered to be deleted from the array of the parties. Registry is directed to ::: Downloaded on - 12/01/2024 20:42:14 :::CIS carry out necessary correction in the memo of the parties on .
the basis of the amended memo of parties annexed with the application. The application stands disposed of.
CMPMO No.55 of 2022Since Mr. Surya Chauhan, Advocate has definite instruction to appear on behalf of the newly impleaded of petitioners and as such, there is no necessity to issue notice to them.
rtList after four weeks.
(Sandeep Sharma) Judge January 12, 2024 (Shankar) ::: Downloaded on - 12/01/2024 20:42:14 :::CIS