Jodha Ram (Deceased Through His ... vs .
2023 Latest Caselaw 5514 HP

Jodha Ram (deceased through his LRs Sh. Mast Ram and others) vs. State of H.P. and others

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CMP(M) No. 1032 of 2022

10.05.2023 Present: Mr. H.S. Rangra, Advocate for the applicants/

appellants.

Mr. Devender K. Sharma, Advocate for non- applicants/respondents No. 4 to 9.

CMP(M)s No. 1674 and 1675 of 2022

Proposed legal representatives stand served. As none has

put in appearance on their behalf, accordingly, they are ordered to be

proceeded against ex parte.

By way of application No. 1674 of 2022 filed under

Rule 4 Chapter 7 of the H.P. High Court (Appellate Side) Rules 1997,

read with order 22, Rule 4 of the Code of Civil Procedure, a prayer has

been made to bring on record legal representatives of deceased-

respondent No. 11, who is stated to have died after the pronouncement

of judgment by learned Appellate Court on 17.04.2022 but before

filing of the present appeal and by way of CMP(M) No. 1675 of 2022,

prayer has been made to condone the delay occurred in filing the

application to bring on record legal representatives of deceased-

respondent No. 11 and for setting aside the abatement.

Having heard learned Counsel for the applicant and

gone through the averments made in the applications, these

applications are allowed by ordering the substitution of deceased

respondent No. 11 by the proposed legal representatives who are

hereby impleaded as respondents No. 11(a) to 11(f). Delay in filing the

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application is condoned and abatement is set aside. The applications

stand disposed of accordingly.

CMP(M) No. 1032 of 2022

As per report of the Registry, non-applicant/respondent

No. 10 is un-served for want of correct address. Mr. H.S. Rangra,

learned Counsel submits that correct address alongwith process fee

will be filed within a period of two weeks. Thereafter, notice be issued

to non-applicant/respondent No. 10, returnable for 06.07.2023.

Notice to newly added non-applicants/respondents be

also issued returnable for 06.07.2023. Steps for service be taken within

one week. Amended memo of parties, if not filed earlier, be filed

within a period of four weeks.

(Ajay Mohan Goel)

Judge May 10 2023 (narender)