Himachal Pradesh High Court
(3) Smt. Matti Devi vs (24) Shri Kuldeep Singh on 15 December, 2021
Bench: Chander Bhusan Barowalia
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE 15th DAY OF DECEMBER, 2021
BEFORE
HON'BLE MR. JUSTICE CHANDER BHUSAN BAROWALIA
.
CIVIL MISC. PETITION (MAIN) NO. 41 OF 2019 IN REGULAR
SECOND APPEAL No. 122 OF 2021
Between:
AMAR NATH, S/O SH. THUNIA RAM (SINCE DECEASED)
THROUGH HIS LRS.
(1) SHRI SUKH RAM, S/O LATE
SH. AMAR NATH.
(2) SMT. MALKAN DEVI, D/O LATE
SH. AMAR NATH.
(3) SMT. MATTI DEVI, WIDOW OF
LATE SH. AMAR NATH.
ALL RESIDENTS OF V.P.O. LAMBA
GAON, TEHSIL JAISINGHPUR
KANGRA, H.P.
......APPLICANTS/APPELLANTS
(BY SH. NEERAJ GUPTA, SR.
ADVOCATE WITH SH. AJEET
JASWAL, ADVOCATE)
AND
(1) SMT. SARJU DEVI, W/O LATE
SH. TULSI RAM.
(2) SH. BHAGAT RAM, S/O LATE
SH. TULSI RAM.
(3) SH. BRAHM DASS, S/O LATE
SH. TULSI RAM.
(4) SMT. AJUDHIA DEVI, D/O LATE
SH. TULSI RAM.
(5) SMT. KANTA DEVI, D/O LATE
SH. TULSI RAM.
(6) SMT. BRAHMI DEVI, D/O LATE
SH. TULSI RAM.
(7) SMT. PRAKASHO DEVI, D/O
LATE SH. TULSI RAM.
ALL RESIDENTS OF VILLAGE CHALYARA MAUJA MEHLTA,
P.O. UKHALI, TEHSIL AND DISTRICT HAMIRPUR, H.P.
176042
(8) SHRI SARWAN, S/O SHRI
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THUTHI RAM, R/O VILLAGE
CHALYARA MAUJA MEHLTA, P.O.
UKHLI, TEHSIL AND DISTRICT
HAMIRPUR, H.P. 176042.
.
(9) SMT. SARLA DEVI, D/O LATE
SH. RAM ASRA.
(10) SMT. NIRMALA DEVI, D/O
LATE SH. RAM ASRA.
(11) SMT. TARAN DEVI, W/O LATE
SH. RAM ASRA.
ALL RESIDENTS OF VILLAGE CHALYARA MAUJA MEHLTA,
P.O. UKHLI, TEHSIL AND DISTRICT HAMIRPUR, H.P. 176042.
(12) SHRI RAKESH KUMAR, S/O
LATE SH. BALI RAM.
(14) SHRI BALDEV SINGH, S/O SH.
PRABH DAYAL.
(15) SMT. KAMLESH KUMARI, D/O
LATE SMT. SHEELA DEVI, WIDOW
OF LATE SHRI SURJAN.
(16) SMT. KUSUMA KUMARI, D/O
LATE SMT. SHEELA DEVI, WIDOW
OF LATE SHRI SURJAN.
(20) SMT. NIRMALA DEVI, D/O
SMT. BISHNI DEVI.
(22) SMT. VEENA DEVI, D/O SMT.
BISHNI DEVI.
(23) SHRI KARAMJIT SINGH, S/O
SHRI UDHAM SINGH.
(24) SHRI KULDEEP SINGH, S/O
SHRI UDHAM SINGH.
NAMES OF RESPONDENTS NO. 13,
17 TO 19, 21 AND 25 STAND
DELETED.
ALL RESIDENTS OF V.P.O. SANTANAKALAN, SUB TEHSIL
BIJJER, TEHSIL BARSAR, DISTRICT HAMIRPUR, H.P.
......RESPONDENTS
(BY SH. MANOHAR LAL SHARMA,
ADVOCATE)
This appeal coming on for orders this day, the Court
passed the following:
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ORDER
CMP(M) No. 41/2019 in RSA No. 122/2021
The present application, under order 22, Rules 4, 9
.
CPC, read with Section 5 of the Limitation Act has been
maintained by the applicant, for bringing on record the legal
representatives of respondent No. 23, Karamjit Singh, after
condoning the delay in filing the application.
2. Record reveals that respondent No. 23 has expired
on 06.12.2015 and the judgment and decree has been passed
by learned first Appellate Court on 28.02.2018. Meaning
thereby that proceedings were concluded after the death of
respondent No. 23.
3. It is settled proposition of law that the question of
abatement is required to be decided by the Court, where the
death of a party has taken place.
4. In the present case, deceased Karamjit Singh has
expired, when the first appeal was pending before the learned
first Appellate Court and the said fact went unnoticed.
5. In these circumstances, the judgment and decree
passed by the learned first Appellate Court is set aside and the
case is remanded back to the learned first Appellate Court to
decide the matter afresh after deciding application for bringing
on record the legal representatives of respondent No. 23. Parties
to appear before learned first Appellate Court on 31st Decem
ber, 2021.
6. In view of the aforesaid discussions, the present
.
appeal is disposed of, alongwith pending application(s).
7. Records be sent back forthwith and in no event
later than four days.
(Chander Bhusan Barowalia)
Judge
15th December, 2021
(raman) r
