Himachal Pradesh High Court
Sanjeev Thakur vs . Jang Bahadur & Others. on 16 September, 2023
Author: Vivek Singh Thakur
Bench: Vivek Singh Thakur
Sanjeev Thakur Vs. Jang Bahadur & others.
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Civil Revision No. 36 of 2023 16.9.2023 Present: Mr.Hemant Vaid, Advocate, for the petitioner.
Respondent No. 1 already ex parte vide order dated 26.5.2023 passed by Additional Registrar (Judicial).
of Notice issued to respondents No. 2 to 13 have rt been received back unserved.
Learned counsel for the petitioner submits that contesting defendant in the Civil Suit is only defendant No. 6 Gurpratap Singh, who has been arrayed as respondent No. 7 in present petition and other respondents, i.e. respondents No.2 to 6 and 8 to 12 have been proceeded ex parte in the suit and as such they are not contesting defendants and in present petition, petitioner is assailing the order passed in his application filed under Order 1 Rule 10 CPC for arraying him as defendant in the suit and the said application was not contested by any other respondent, except plaintiff (respondent No. 1 herein) and defendant No. 6 (respondent No. 7 herein).
With aforesaid submissions, it has been contended that notice is not required to be issued to respondents No. 2 to 6 and 8 to 13 at this stage, as they are not contesting defendants in the application being pursued by petitioner for his impleadment.
Considering the submissions made by learned counsel for the petitioner, no notice is issued to respondents ::: Downloaded on - 16/09/2023 20:37:05 :::CIS No. 2 to 6 and 8 to 13 at this stage. Steps for dasti service of respondent No. 7 Gurpratap Singh be taken by .
18th September, 2023. On taking such steps, dasti notice returnable on next date of hearing be issued to the said respondent and the same shall be handed over to the counsel for the petitioner by 19th September, 2023.
of In addition to dasti notice, notice to respondent No.7 (defendant No. 6 in Civil Suit) Gurpratap be also issued rt through his counsel representing him in the Trial Court.
List for consideration on 29th September, 2023.
In the meanwhile, as submitted by learned counsel for the petitioner that suit is at final stage, final judgment therein shall not be pronounced.
(Vivek Singh Thakur), Judge.
16th September, 2023 (Keshav) ::: Downloaded on - 16/09/2023 20:37:05 :::CIS