Himachal Pradesh High Court
Roshani Devi vs . Ran Singh And Another on 21 October, 2022
Author: Satyen Vaidya
Bench: Satyen Vaidya
Roshani Devi Vs. Ran Singh and another .
RSA No. 264 of 2011 21.10.2022 Present: Mr. Ajay Thakur, Advocate, for the appellant.
Mr. Vedhant Ranta, Advocate, vice Mr. Janesh Gupta, Advocate, for respondent No.2.
CMP (M) No. 1067 of 2022 By way of this application a prayer has been made to bring on record legal representatives of deceased respondent No.1.
It is averred in the application that the respondent No.1 died on 14.08.2021 and is survived by the legal representatives as detailed in para 2 of the application.
The application could not be filed within time due to the reason that the appellant was not aware about the death of respondent No.1 and it was only after she received a communication from her counsel in May, 2022, that she came to know about the said fact. Immediately thereafter, she made efforts to ascertain the details of legal representatives of respondent No.1 and the application was filed in this Court.
A reply has been filed on behalf of the proposed legal representatives of respondent No.1. The averments made in the application have been denied in generality.
::: Downloaded on - 22/10/2022 20:03:27 :::CISThe application is duly supported by an affidavit.
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There is nothing on record to suggest that the appellant/applicant was aware about the death of respondent No.1 prior to the date as mentioned in the application. The reasons stated in the application for delay in filing the same do not appear to be malafide. Accordingly, the application is allowed and delay in filing the same is condoned. The legal representatives of respondent No.1, as detailed in para 2 of the application are ordered to be brought on record. Amended memo of parties has already been placed on record. The application is accordingly disposed of.
RSA No. 264 of 2011List for final hearing on 15.12.2022.
(Satyen Vaidya) Judge October 21, 2022.
(Nisha) ::: Downloaded on - 22/10/2022 20:03:27 :::CIS