Jammu & Kashmir High Court
Gulab Din vs Hardev Singh And Others on 23 August, 2024
Author: Rahul Bharti
Bench: Rahul Bharti
Sr. No. 04
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
Case:- RSA No. 5/2022
Gulab Din
.....Appellant(s)/Petitioner(s)
Through: Mr. Rameshwar P. Sharma, Advocate
Vs
Hardev Singh and others
..... Respondent(s)
Through: Mr. Karan Singh, Advocate vice
Mr. Vipan Gandotra, Advocate for R- 1 to 3.
Coram: HON'BLE MR. JUSTICE RAHUL BHARTI, JUDGE
ORDER
23.08.2024
01. This civil second appeal is addressed against a judgment
dated 06.04.2022 passed in a civil first appeal by the Principal
District Judge, Poonch arising out a civil suit filed on file No.
25/Civil before the Court of Munsiff (District Mobile Magistrate),
Poonch which passed a judgment and decree dated 28.04.2015.
02. In the civil suit, the appellant herein was the defendant No.
2, whereas the defendant No. 1 was S. Gurbaksh Singh. The suit
was initiated by Harbans Singh, who during the pendency of the
suit demised thereby bringing on record his legal representatives,
who are the respondent Nos. 1 to 3 herein.
03. Both at the trial court stage as well as the first appellate
stage, S. Gurbaksh Singh- defendant No. 1 was the contesting party
and by no stretch of reasoning could be said to be proforma party,
notwithstanding reference so made with respect to S. Gurbaksh
Singh in the present civil second appeal and also in civil first appeal
by the appellant.
04. During the pendency of this appeal, S. Gurbaksh Singh-
proforma respondent has come to demise.
05. For bringing on record his legal representatives/legal heirs,
the appellant has come forward with an application CM No.
4733/2024. The death of S. Gurbaksh Singh- proforma respondent
is stated to have taken place on 20.07.2024 leaving behind three
legal representatives, namely, Gurmeet Singh & Amandeep Singh
(sons) and Kuljeet Kour (widow). All the three legal representatives
are mentioned to be the residents of village Ajote, tehsil Haveli,
district Poonch.
06. Legal representatives of S. Gurbaksh Singh-proforma
respondent need to be brought on record and, as such, they are
substituted in place of deceased S. Gurbaksh Singh-proforma
respondent.
07. CM No. 4733/2024 is, accordingly, disposed of.
08. Appellant to furnish registered postal covers for effecting
the service of said three legal representatives of S. Gurbaksh Singh-
proforma respondent, namely, Gurmeet Singh & Amandeep Singh
(sons) and Kuljeet Kour (widow) within seven days, whereupon the
Registrar Judicial, Jammu to issue notice.
09. Appellant is directed to furnish a fresh memo of parties
before the Registry of this Court within a period of seven days.
10. List on 04.10.2024.
(RAHUL BHARTI)
JUDGE
JAMMU
23.08.2024
