Himachal Pradesh State vs Dila Ram
2021 Latest Caselaw 3919 HP

                          REPORTABLE/NON-REPORTABLE




          IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.




                                                    .
                  ON THE 13th DAY OF AUGUST, 2021





                             BEFORE
             HON'BLE MR. JUSTICE VIVEK SINGH THAKUR





                REGULAR FIRST APPEAL No.234 of 2012
    Between:-





    HIMACHAL PRADESH STATE
    ELECTRICITY BOARD, SHIMLA
    THROUGH ITS SECRETARY (NOW
    EXECUTIVE DIRECTOR) VIDUT
    BHAWAN, SHIMLA HP
                   r                                        ....APPELLANT

    (BY SHRI TARA SINGH CHAUHAN, ADVOCATE)

    AND
    1. DILA RAM


       S/O SH.SUDHAMA RAM,
       R/O VILLAGE KONSAL,
       ILLAQA NER, TEH.JOINGERNAGAR,
       DISTRICT MANDI H.P.




    2. PAWAN KUMAR,
       S/O SH. DILA RAM HAZARI,





       R/O VILLAGE KONSAL,
       ILLAQA NER, TEH.JOINGERNAGAR,
       DISTRICT MANDI H.P.





    3. NARINDER KUMAR,
       S/O DILA RAM HAZAR,
       R/O VILLAGE KONSAL,
       ILLAQA NER, TEH.JOINGERNAGAR,
       DISTRICT MANDI H.P.
    4(a) SHRI GAURAV HAZARI @ NARIN,
        S/O LATE VIJAY KUMAR,
        R/O VILLAGE KHUDDER,
        P.O. BASSI, TEH.JOGINDERNAGAR,
        DISTRICT MANDI H.P.
    4(b) KM. GUNJAN,




                                   ::: Downloaded on - 31/01/2022 22:52:52 :::CIS
                                     2




          D/O LATE VIJAY KUMAR,
          R/O VILLAGE KHUDDER,
          P.O. BASSI, TEH.JOGINDERNAGAR,




                                                               .
          DISTRICT MANDI H.P.





    4(c) SMT.SARLA DEVI
         WIDOW OF LATE VIJAY KUMAR,
         R/O VILLAGE KHUDDER,





         P.O. BASSI, TEH.JOGINDERNAGAR,
         DISTRICT MANDI H.P.
    5.    SMT. NEENA
          D/O SH.DILA RAM HAZARI,
          RESIDENT OF VILLAGE KONSAL,





          ILLAQA NER, TEHSIL JOGINDERNAGAR,
          DISTRICT MANDI H.P.
                                                         ....RESPONDENTS
    1.
    (RESPONDENTS

       DILA RAM S/O No.2,
                    SH.SUDHAMA
                          3 and 5 RAM
    are ex-parte vide order dated 28.08.2019)

    This Appeal coming on for orders this day, the Court delivered the
    following:


                                JUDGMENT

In October 2013, time was granted to the

appellant to take consequential steps on account of death

of respondent No.1. Though an application for substitution

of deceased respondent No.4 was filed in the year 2013

which was allowed on 28.08.2019. However, no steps on

account of death of respondent No.1 were ever taken.

2 On 28.10.2019 again, two weeks time was

granted to take consequential steps on account of death of

respondent No.1. On 9th December, 2019 further two

weeks' time was granted with rider that failure in taking

steps adverse order would follow. On 28 th December, 2019

one week's time was granted to take steps, but, no steps

.

were taken and on 11.03.2020, order was passed clearly

mentioning that failure in taking consequential steps on

account of death of respondent No.1 and steps for service

of respondents No. 4(a) and 4(c), the appeal shall be

dismissed for non-prosecution. Though, steps have been

taken for service of respondents No. 4(a) and 4(c), but,

without filing of copy of appeal therewith rendering the

steps ineffective and further no steps on account of death

of respondent No.1 have been taken.

3 Today learned counsel for appellant has tried to

persuade the Court to grant further time to take steps but

facts and circumstances referred supra do not warrant so.

Accordingly, appeal is dismissed for non-

prosecution.

    August 13,2021                      (Vivek Singh Thakur)
    (ms)                                       Judge