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2019 DAILYLAW 2325 (HP)

STATE OF HP AND OTHERS v. Sh. Beli Ram

CMP.M/1285/2026 · 2026-08-11

Sushil Kukreja

body2019

Judgment text

Extracted from the PDF above. The PDF is authoritative.

State of HP & ors. Vs. Beli Ram RFA No.375 of 2019 11.08.2026 Present: Mr. Manoj Chauhan, Additional Advocate General, for the appellants/State. Mr. Amit Himalvi, Advocate, for the proposed LRs of deceased respondent-Beli Ram. CMPs(M) No.2060 & 2061 of 2025 The present application under Order 22, Rules 4 & 9 of CPC and Section 5 of the Limitation Act have been filed for bringing on record the legal heirs of deceased sole respondent- Beli Ram, after condonation of delay and setting aside the abatement. 2. As per the applicants, respondent-Bali Ram had expired on 30.05.2021 and left behind his legal representatives, as mentioned in para-4 of the application [CMP(M) No.2060 of 2025), who are required to be brought on record. The applications are duly supported by the affidavits of Er. Pramod Kumar Upreti, Superintending Engineer of the applicants- appellant, as well as death certificate and report regarding legal heirs of deceased respondent-Beli Ram, Annexures A-1 & A-II, respectively. 3. Heard. Keeping in view the facts and circumstances of the case, the present applications are allowed and the legal heir of deceased respondent- Beli Ram, as mentioned in para-4 of the application {CMP(M) No.2060 of 2025}, are ordered to be brought on record, after setting aside the abatement, if any. Amended memo of parties filed alongwith the application {CMP(M) No.2060 of 2025} is ordered to be taken on record. 4. The applications stand disposed of. CMPs(M) No.1285 & 12851 of 2026 5. The present application under Order 22, Rules 4 & 9 of CPC and Section 5 of the Limitation Act have been filed for bringing on record the legal heirs of deceased respondent No.1(a) Ramesh Chand, after condonation of delay and setting aside the abatement. 6. As per the applicants, respondent No.1(a) Ramesh Chand had expired on 19.12.2025 and left behind his legal representatives, as mentioned in para-4 of the application [CMP(M) No.1285 of 2026), who are required to be brought on record. The applications are duly supported by the affidavits of Er. Ravi Bhatti, Superintending Engineer of the applicants- appellant, as well as death certificate and legal heirs certificate, Annexures A-1 & A-II, respectively. 7. Heard. Keeping in view the facts and circumstances of the case, the present applications are allowed and the legal heir of deceased respondent No.1(a)- Ramesh Chand, as mentioned in para-4 of the application {CMP(M) No.1285 of 2026}, are ordered to be brought on record, after setting aside the abatement, if any. Amended memo of parties filed alongwith the application {CMP(M) No.1285 of 2026} is ordered to be taken on record. 8. The applications stand disposed of. RFA No.375 of 2019 9. Learned counsel for the respondents prays for and is granted three weeks’ time to file Power of Attorney on behalf of newly added respondents No.1(a)(i) to 1(a)(iii). List thereafter. ( Sushil Kukreja ) Judge August 11, 2026 (V.Himalvi)