RSA No. 48 of 2020 25.2.2021 Present: Mr.Rajesh Mandhotra, Advocate, for the appellant.
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Respondent No. 1 is stated to have expired.
Mr.Ajay Chandel, Advocate, for respondents No. 2 to 4.
Respondent No. 5 is ex parte vide order dated 6.11.2020.
RSA No. 48 of 2020 r In the memo of parties of this appeal, respondent No. 1 Kali Dass has been arrayed as party, whereas as a matter of fact, he has expired on 3.6.2019 during pendency of appeal before Additional District Judge-II, Mandi. An application under Order 22 Rule 4 C.P.C. has also been filed along with appeal. After requisition of record, it has transpired that deceased respondent No. 1 Kali Dass was substituted through his legal heirs, namely, Rakesh Kumar, Satish Kumar and Viyasa Devi, by permitting them to be brought on record as legal heirs of deceased respondent vide order dated 13.11.2019 and amended memo of parties to that effect was also taken on record on 14.10.2019. However, despite such substitution, at the time of passing the judgment, Appellate Court did not reflect amended memo of parties in its judgment, which is impugned herein and resultantly in present appeal respondent No. 1 Kali Dass has not been shown to be represented through his legal heirs, but has been arrayed as party as deceased and a substantial question of law that the ::: Downloaded on - 25/02/2021 20:16:25 :::HCHP impugned judgment has been passed against dead person, has also been proposed to be framed.
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In aforesaid facts and circumstances, appellant is directed to approach first appellate Court, i.e. Additional District Judge (II), Mandi for correction of memo of parties in judgment passed in Civil Appeal No. 7 of 2019, titled as Naresh Kumar Vs. Kali Dass and others. Parties are directed to appear before Additional District Judge (II), Mandi on 18th March, 2021 and on that appellant shall file appropriate application for correction. On filing of such application, said Court shall carry out necessary correction as per record in the memo of parties of the judgment passed by the said Court within two weeks thereafter and thereafter record with corrected memo of parties shall be made available to the Registry of this Court forthwith.
Thereafter appellant would be at liberty to take appropriate steps to update the record of this appeal within two weeks. The Registry to send back the record to learned Additional District Judge (II), Mandi forthwith along with copy of this order.
List for consideration on 22nd April, 2021.
CMP (M) Nos. 877 and 879 of 2020 In view of order passed in the main appeal, these applications are dismissed as not maintainable.
(Vivek Singh Thakur), Judge.
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