Himachal Pradesh High Court
Unknown vs Lac V. Pratap on 4 January, 2023
Bench: Sandeep Sharma
LAC v. Pratap
.
CMP.M Nos.1 and 2 of 2023
and CMP Nos. 6 and 7 of 2023 in
RFA No. 140 of 2016
4.1.2023 Present: Mr. Vivek Negi, Advocate, for the non-
applicants/appellants.
Mr. Rupinder Singh Thakur and Ms. Shashi Kiran,
Advocates, for the applicants/respondents.
CMP.M Nos. 1 and 2 of 2023
By way of instant applications filed under Order 22
Rules 4 and 9 of CPC read with Section 5 of the Limitation Act,
prayer has been made on behalf of the applicants for bringing
on record the LRs of deceased respondent No.9 Gariboo Devi
and respondent No. 20 Sohan Singh after condonation of delay
in maintaining the applications at hand and setting aside
abatement, if any.
Having carefully perused averments contained in
the applications, which are duly supported by affidavits, this
court finds that delay in bringing on record the LRs of deceased
respondents No.9 and 20 is neither intentional nor willful,
rather same has occurred on account of circumstances, which
were completely beyond the control of the applicants and as
such, same deserves to be condoned. Accordingly, for the
reasons stated in the application, delay, if any, in bringing on
record the LRs of aforesaid deceased respondents is condoned.
Abatement, if any, is also set-aside.
Careful perusal of averments contained in the
applications reveals that respondent No.9 Gariboo Devi and
respondent No. 20 Sohan Singh have expired on 5.1.2020 and
7.9.2020, leaving behind LRs as detailed in paras-2 of the
applications. Since right to sue survives in favour of the
persons proposed to be substituted in place of aforesaid
deceased respondents, there appears to be no impediment in
accepting the prayer made in the applications and accordingly,
same are allowed and persons detailed in paras-2 of both the
applications are ordered to be substituted in place of deceased
respondents No.9 and 20, whose names are otherwise ordered
.
to be deleted from the array of parties. Registry to carry out
necessary correction in the memo of parties on the basis of
amended memo of parties annexed with the applications.
Applications stand disposed of.
CMP No. 6 of 2023
By way of instant application filed under Order 32
Rule 12, prayer has been made on behalf of the
applicant/respondent No.13 Rahul, for discharge of his natural
guardian as he has attained majority. No reply is intended to be
filed by the non-applicants.
Having heard learned counsel for the parties and
perused averments contained in the application, which is duly
supported by an affidavit as well as documents annexed
therewith, this Court finds that interest of the
applicant/respondent No.13 Rahul was earlier being protected
by his mother Smt. Laxmi Devi. Since the applicant has
attained majority, he is entitled to prosecute the case in his
independent capacity and as such, prayer made on his behalf of
discharge of natural guardian, deserves to be allowed.
Consequently, in view of the above, the application
is allowed and Ms. Laxmi Devi is discharged from the natural
guardianship of the applicant/respondent No.13-Rahul, who is
further allowed to prosecute the case in his own independent
capacity. Application stands disposed of.
CMP No. 7 of 2023
By way of instant application filed under Section
151 CPC, prayer has been made on behalf of the applicants for
release of the award amount lying deposited in the Registry of
this court. No reply is intended to be filed to the instant
application by the non-applicants/appellants.
Learned counsel for the non-applicants/appellants
fairly states that RFA No. 140 of 2016 alongwith connected
matters, having been filed by the non-applicants/appellants
stands finally decided vide judgment dated 31.10.2022, passed
by this Court and no appeal, whatsoever, has been filed against
the aforesaid judgment passed by this Court in the superior
.
court of law by either of the parties.
Consequently, in view of the above, this court sees
no impediment in accepting the prayer having been made by
the applicants for release of award amount lying deposited in
the Registry of this Court and accordingly, the application is
allowed and Registry is directed to release the award amount in
favour of the applicants, by remitting the same in their saving
bank accounts strictly as per their shares, detail whereof is
mentioned in para-3 of the application, subject to verification
by the Accounts Branch. Registry while complying with
aforesaid order shall specifically call upon the applicants to
furnish their Aadhar Cards to establish their identity.
Application stands disposed of.
January 04, 2023 (Sandeep Sharma),
Judge
manjit
