State Of H.P. vs . Gagan Singh
2022 Latest Caselaw 3879 HP

State of H.P. Vs. Gagan Singh

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RFA No. 178 of 2017

27.05.2022 Present: M/s Dinesh Thakur, Sumesh Raj and Sanjeev Sood, Additional Advocates General with Mr. Manoj Bagga, Assistant Advocate General, for the appellants.

Mr. Divya Raj Singh, Advocate, for the respondents.

Though, the case is listed today as there is an

application filed, under Order 22 Rule 4 & under Order 22 Rule 9

read with Section 151 of the Code of Civil Procedure, by the

applicant/appellant to bring on record the legal representatives of

deceased respondent No.1, however, Mr. Divya Raj Singh, learned

counsel appearing for the respondents point out that the present

appeal is not maintainable for the reason that the judgment and

decree passed by the learned Appellate Court in exercise of power so

conferred under Section 96 of the Civil Procedure Code stand

assailed again by way of a First Appeal.

On the request of learned Additional Advocate General,

the case is ordered to be listed on 04.06.2022, so that the parties

can address the Court on the issue of maintainability.

(Ajay Mohan Goel) Judge May 27, 2022 (vinod)