Himachal Pradesh High Court
Jai Singh vs . Savitri Devi And Another on 25 April, 2023
Author: Ajay Mohan Goel
Bench: Ajay Mohan Goel
Jai Singh vs. Savitri Devi and another .
FAO No. 43 of 2023 25.04.2023 Present: Mr. Sanjeev Kuthiala, Senior Advocate with Ms. Ankita, Advocate for the appellants.
Mr. G.D. Verma, Senior Advocate with Mr. Sumit Verma, Advocate for legal representatives of deceased-respondent No. 1.
No notice issued to respondent No. 2.
CMP No. 4318 of 2023 By way of this application, a prayer has been made for issuance of a direction for correction of memo of parties. It stands submitted that Smt. Savitri Devi, who had filed proceedings under Order 39, Rule 2-A of the Code of Civil Procedure, had died during the pendency of said proceedings and her legal representatives were also brought on record in terms of order passed by learned Court below on 09.01.2019. These corrections were not carried out in the memo of parties, resulting in mis-reference of the parties in the memo of parties in judgment dated 20.02.2023 passed by learned Court below, which is under challenge by way of present petition.
The Court further stands apprised that Ms. Suchitra Sen, learned Counsel, on the last date of hearing, had put in appearance on behalf of legal representatives of respondent No. 1 Savitri Devi, but inadvertently, her presence has been reflected to have been marked on behalf of deceased-respondent Savitri Devi in order dated 17.03.2023.
::: Downloaded on - 25/04/2023 20:45:14 :::CISLearned Senior Counsel appearing for the applicants has .
accordingly submitted that the application be disposed of with the direction that let correct memo of parties, by reflecting legal representatives of deceased-respondent No. 1, namely, Savitri Devi, be filed in the present case and it be ordered that appearance of Ms. Suchitra Sen, Advocate, on 17.03.2023, be construed to have been on party respondents.
r to behalf of said legal representatives who later on were impleaded as In view of the averments made in the application and submissions made by learned Senior Counsel appearing for the parties, this application is allowed as prayed for. Let fresh memo of parties, reflecting legal representatives of deceased-respondent No. 1 Savitri Devi as party respondents, be filed by the applicants. It is further ordered that appearance of Ms. Suchitra Sen, Advocate, on 17.03.2023, shall be deemed to be on behalf of legal representatives of deceased-
respondent No. 1, namely, Savitri Devi. Let needful be done within a period of three weeks.
(Ajay Mohan Goel) Judge April 25, 2023 (narender) ::: Downloaded on - 25/04/2023 20:45:14 :::CIS