Himachal Pradesh High Court
Sanjay Grover vs . Usha Rani And Ors on 12 June, 2023
Author: Sandeep Sharma
Bench: Sandeep Sharma
Sanjay Grover Vs. Usha Rani and ors CR No. 1 of 2017 .
12.6.2023 Present: Mr. Basant Pal Thakur, Advocate, for the petitioner.
Mr. Sudhir Thakur, Sr. Advocate, with Mr. Karun Negi, Advocate, for the respondents.
CMP(M) Nos. 722 & 723 of 2022 By way of instant applications filed under Order 22 Rules 4 and 9 of CPC and Section 5 of the Limitation Act, prayer has been made on behalf of the applicant for bringing on record LRs of deceased respondent No.2, Shri Keshav Sahni, who has expired on 26.7.2021, leaving behind his LRs as detailed in para-2 of the application, after condoning the delay in maintaining the accompanying application bearing CMP.M No. 722 of 2022 and setting aside abatement, if any.
Mr. Karun Negi, learned counsel representing respondents states that he does not intend to file replies to the applications.
Having carefully perused averments contained in application bearing CMP(M) No. 723 of 2022, which is duly supported by an affidavit, this court finds that delay in bringing on record the LRs of deceased respondent No.2, Keshav Sahni, is neither intentional nor willful, rather same has occurred on account of circumstances, which were completely beyond the control of the applicant and as such, same deserves to be condoned.
::: Downloaded on - 13/06/2023 20:31:27 :::CIS -2-Accordingly, for the reasons stated in the application .
bearing CMP.M No. 723 of 2022, delay, if any, in bringing on record the LRs of deceased respondent No.2 is condoned.
Abatement, if any, is also set aside. Mother, namely, Usha Rani of deceased respondent No.2 Keshav Sahni is already on record, there appears to be no impediment in accepting the prayer made in the application and accordingly, same is allowed and persons detailed in para-2 of the application are ordered to be substituted in place of deceased respondent No.2, whose name is otherwise ordered to be deleted from the array of parties.
Registry to carry out necessary correction in the memo of parties on the basis of amended memo to be filed by learned counsel for the petitioner within a period of two weeks.
Applications stand disposed of.
CR No. 1 of 2017Mr. Karun Negi, Advocate, has instructions to appear on behalf of the newly impleaded respondents, he may file fresh Power of Attorney on their behalf within one week, if not already filed. Since pleadings in the case are complete and parties are duly represented, list this matter for final hearing on 5.9.2023.
(Sandeep Sharma) Judge 12th June, 2023 (Guleria) ::: Downloaded on - 13/06/2023 20:31:27 :::CIS