Himachal Pradesh High Court
Dharamveer Garg vs . Dwarka Dass Sharma on 3 March, 2023
Author: Vivek Singh Thakur
Bench: Vivek Singh Thakur
Dharamveer Garg vs. Dwarka Dass Sharma .
RSA No. 235 of 2021 03.03.2023 Present: Appellant is present in person.
Mr. Naveen Awasthi, Advocate for the respondent. (Respondent proceeded ex-parte vide order dated 13.10.2022) CMP No. 18522 of 2022 This application has been filed for recalling the order dated 13.10.2022 whereby respondent has been proceeded ex-parte.
Learned counsel for respondent submits that after service of respondent, on receiving instructions from respondent, he had appeared on 19.4.2022 but thereafter he could not appear as his name was not reflected in cause list as counsel for respondent. He further submits that due to inadvertent mistake, power of attorney could not be filed which led non-reflection of his name in cause list and resultantly, he could not appear in matter and respondent was proceeded ex-parte on 13.10.2022. He further submits that due to aforesaid mistake on his part, respondent should not suffer and further that no prejudice is going to be caused to appellant in case respondent is permitted to join the proceedings.
In aforesaid circumstances, order dated 13.10.2022 whereby respondent was proceeded ex-parte is recalled and respondent is permitted to join the proceedings henceforth.
Application stands disposed of.
RSA No. 235 of 2021Appellant seeks further time to engage a counsel and ::: Downloaded on - 03/03/2023 20:36:32 :::CIS learned counsel for respondent also seeks time to have complete .
instructions and record before addressing the Court. Being so, as jointly prayed, matter is adjourned.
List for consideration on 27th April, 2023.
March 03, 2023 (Vivek Singh Thakur)
(ms) Judge
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