RSA/48/2020
2021 Latest Caselaw 1304 HP

RSA No. 48 of 2020

25.2.2021 Present: Mr.Rajesh Mandhotra, Advocate, for the appellant.

.

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

impugned judgment has been passed against dead person,

has also been proposed to be framed.

.

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.

25th February, 2021 (Keshav)

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