Himachal Pradesh High Court
Khem Chand vs . Bishani Devi & Others. on 11 January, 2023
Author: Vivek Singh Thakur
Bench: Vivek Singh Thakur
Khem Chand Vs. Bishani Devi & others.
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RSA No. 169 of 2020 11.1.2023 Present: Mr.Sunil Dutt, Advocate, vice Mr.B.L. Soni, Advocate, for the appellant.
Mr.Anirudh Sharma, Advocate, for respondents No. 1 to 6.
r to Respondents No. 7 and 11 are ex parte vide order dated 1.10.2020.
Respondents No. 8 and 9 are ex parte vide order dated 16.3.2021.
Respondent No. 10 Gurpal Singh is stated to have expired.
CMP (M) No. 346 of 2022 This application has been filed for substitution of deceased respondent No. 10 through his legal heirs. In the application, it has been stated that his only legal heir is his wife Smt.Archana Devi.
In the application, name of respondent No. 10 is mentioned as Gurpal Singh, whereas in the memo of parties of first appeal as well as present appeal, name, is mentioned as Gopal Singh. The death certificate has also been placed on record with this application, wherein name of deceased has been mentioned Gurpal Singh. His mother's name in the death certificate has been mentioned as Chanchala Devi. In the memo of parties in the Civil Suit defendant No. 10 is Gurpal Singh, S/o Chanchala Devi.
::: Downloaded on - 11/01/2023 20:36:52 :::CISFrom the aforesaid facts it appears that correct .
name of respondent No. 10 is Gurpal Singh, but the same has been wrongly mentioned in the first appeal by Additional District Judge-II Kangra at Dharamshala as Gopal Singh and resultantly in the memo of appeal his name has been mentioned as Gopal Singh.
In the aforesaid circumstances, name of respondent No. 10 is directed and permitted to be corrected as Gurpal Singh.
In this application Archana Devi W/o Gurpal Singh is duly served, but there is no representation on her behalf.
Hence she is proceeded against ex parte for the purpose of this application.
For the reasons stated in the application and also taking in to consideration order passed by the Supreme Court in Suo Motu Writ Petition (Civil) No. 3 of 2020, reported in 2022 SCC OnLine SC 27, respondent No. 10 Gurpal Singh is permitted to be substituted through his wife Archana Devi as respondent No. 10(a), after condoning the delay and setting aside abatement, if any.
The application stands disposed of.
RSA No. 169 of 2020Amended memo of parties with correct name of respondent No. 10 as Gurpal Singh, mentioning that he has ::: Downloaded on - 11/01/2023 20:36:52 :::CIS expired and substituted through his wife Archana Devi as .
respondent No. 10(a), be filed within two weeks.
Appellant is also directed to take appropriate steps for correction of name of respondent No. 10 in Civil Appeal No. 20-G/18, decided on 21.12.2019 by Additional District Judge-II Kangra at Dharsmahala.
Fresh steps for service of newly added respondent No. 10(a) be taken within two weeks. On taking such steps, notice to said respondent returnable within four weeks, be issued.
As Ms.Devyani Sharma, Advocate representing respondents No. 1 to 6 has now been designated as Senior Advocate, therefore, fresh Power of Attorney on their behalf, as prayed, be filed within four weeks.
(Vivek Singh Thakur), th 11 January, 2023 (Judge) (Keshav) ::: Downloaded on - 11/01/2023 20:36:52 :::CIS .
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