Himachal Pradesh High Court
Ram Krishan vs . Brij Paul Singh And Ors. on 16 December, 2022
Author: Sushil Kukreja
Bench: Sushil Kukreja
Ram Krishan Vs. Brij Paul Singh and ors.
.
FAO No.477 of 2018 16.12.2022 Present: Mr. Naresh Sharma, Advocate, for the appellant.
Mr. P.S. Chandel, Advocate, for respondent No.1 (since deceased).
CMP(M) No.1426 of 2022 The instant application under Order 22, Rules 4 and 9, read with Section 151 of the Code of Civil Procedure has been filed by the applicant/appellant for bringing on record the legal heirs of deceased respondent No.1, Brij Paul Singh.
As per the applicant/appellant, respondent No.1 has expired during pendency of the appeal on 06.05.2021 and left behind his legal heirs, as mentioned in para-4 of the application, who are required to be brought on record. The application is duly supported by the affidavit of the applicant.
Mr. P.S. Chandel, Advocate, appears and waives service of notice on behalf of the legal heirs of deceased respondent No.1 and states that he has no objection in case the application is allowed.
Heard. Keeping in view the facts and circumstances of the case and since right to sue survives in favour of the applicants, the application is allowed and legal heirs of deceased respondent No.1, as mentioned in ::: Downloaded on - 16/12/2022 20:39:53 :::CIS para-4 of the application, are ordered to be brought on .
record, after setting aside the abatement, if any.
The application stands disposed of.
FAO No.477 of 2018Steps for the service of respondent No.2 not taken. Let fresh notice be issued to respondent No.2 one week.
r to returnable for 03.03.2023, on taking steps within a period of CMP No.14442 of 2019 Let notice be issued to the proposed respondent i.e. ICICI Lombard General Insurance Company, returnable for 03.03.2023, on taking steps within a period of one week.
( Sushil Kukreja )
December 16, 2022 Judge
(VH)
::: Downloaded on - 16/12/2022 20:39:53 :::CIS