Shyam Lal & Another vs . Prem Chand & Others
2023 Latest Caselaw 26 HP

Shyam Lal & another vs. Prem Chand & others

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RSA No. 235 of 2022

02.01.2023 Present: Mr.B.N. Sharma, Advocate, for the appellants.

Mr.Y.P. Sood, Advocate, for respondents No.1(a) and 1(b).

Respondents No.2 and 3 are ex parte vide order dated 28.12.2022.

RSA No. 235 of 2022

Respondent No.4 is yet to be served. This respondent

is none else, but real sister of the appellants and she was co-

plaintiff with appellants in the suit filed jointly by them. Therefore,

appellants are directed to ensure her representation in present

proceedings and for that purpose, as prayed, dasti notice,

returnable on 03.03.2023, on taking steps within two days

positively, be issued to the said respondent.

It is made clear that in case appellants do not take

appropriate steps for service of respondent No.4 or to ensure her

representation in present proceedings and they deliberately delay

the matter, adverse order shall follow.

CMP No. 17403 of 2022

Learned counsel for the appearing non-

applicants/respondents submits that for judgment dated

17.05.2022, passed by Division Bench of this Court in RSA No.57

of 2017, appeal in present case is not maintainable and,

therefore, interim application is also not maintainable.

Learned counsel for the applicants-appellants seeks

time to file rejoinder. Be filed within four weeks. No further

opportunity shall be granted for the said purpose.

List for consideration alongwith main appeal on next

date of hearing.

(Vivek Singh Thakur) Judge January 2, 2023 (Purohit)