Bishan Dass And Other vs . Ashok Kumar
2022 Latest Caselaw 5750 HP

Bishan Dass and other vs. Ashok Kumar

.

RSA No. 157 of 2013

18.07.2022 Present: Mr. Rahul Gathania, Advocate vice counsel for the appellants.

CMP(M) No. 915 of 2022

By way of this application, a prayer has been

made to bring on record the legal representatives of

deceased appellant No.2 Gurdas Chand.

It is submitted in the application that appellant

No.2 died during the pendency of the appeal on 2nd

November, 2020 and has left behind the legal

representatives as detailed in para No.3 of the application.

The applicants have submitted that Gurdas

Chand died on 2nd November, 2020 when the country was

under lockdown due to Covid-19 pandemic. Till 28th

February, 2022, the limitation for filing applications before

the Courts stood extended by the judgment passed by the

Hon'ble Apex Court. Shri Gurdas Chand was the only

person who was pursuing the litigation and after his

death, the applicants were not aware about the pendency

of the appeal. It was only after the applicants had noticed

about the pendency of the appeal, when they contacted

their counsel and filed the instant application without any

further delay.

The application is supported by an affidavit.

There is no contest to the averments made in the

application as none has been appearing for the respondent

despite service, as is evident from order dated 16.09.2013.

.

For the reasons stated in the application, the

same is allowed. Delay in setting aside abatement of the

appeal qua deceased appellant No.2 as also bringing on

record legal representatives of appellant No.2, is condoned

and the abatement, if any, is accordingly set aside. Prayer

for bringing on record legal representative of appellant

No.2 is allowed and the legal representatives of deceased

appellant No.2 Gurdas Chand as detailed in para 3 of the

application are allowed to be brought on record. Amended

memo of parties already filed on behalf the applicants is

taken on record.

Application stands disposed of.

RSA No. 157 of 2013

List for hearing in due course.

     July 18, 2022                                ( Satyen Vaidya )
         (naveen)                                       Judge