Research › Search › Judgment

High Court of Himachal Pradesh · body

2025 DAILYLAW 12385 (HP)

GENERAL MANAGER NORTHERN RAILWAY v. BACHITTER SINGH AND ANOTHER

CMP/14026/2023 · 2025-09-04

Bipin Chander Negi

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

GMNR vs. Bachitter Singh and Ors. CMP(M) No. 170 of 2022 04.09.2025 Present: Mr. Shiv Pal Manhans, Sr. Panel Counsel, for the applicant. Mr. Dheeraj K. Vashisht, Advocate, for the proposed legal heirs of deceased respondent No. 1(a). Mr. Gurinder Singh Parmar, Advocate, for respondents No. 1(b) to 1(d). Mr. B.N. Sharma, Mr. Diwakar Dev Sharma and Mr. R.K. Negi, Additional Advocates General with Mr. R.P. Singh and Mr. Manish Thakur, Dy. Advocates General, for respondents No. 2 and 3/State. CMP(M) Nos. 762 and 763 of 2025. No reply is intended to be filed by the non applicants and the legal heirs. Non applicants have no objection, if in case the present application is allowed and the proposed legal heirs are brought on record. Respondent No.1(a) is stated to have died on 13.02.2013. The same is evident from the death certificate appended along with the application. In accordance with the mutation recorded post the death of respondent No. 1(a), the proposed legal heirs of deceased respondent No. 1(a) have been detailed in the application in paragraph 1 of CMP(M) No. 762 of 2025. The right to sue survives in the said proposed legal heirs. For the sufficient cause shown in CMP(M) No. 763 of 2025 delay in brining on record the legal heirs is condoned and abatement, if any, is set aside. The applications are allowed and proposed legal heirs are ordered to be brought on record as respondents No.1(a)(i) to 1(a)(iii). Amended memo of parties be filed within two weeks. In the meanwhile, power of attorney on behalf of newly arrayed respondents be also filed. Applications stand disposed of. CMP No. 14026 of 2023 and CMP(M) No. 1348 of 2023 CMP No. 14026 of 2023 is being considered in terms of provisions of Order 22 of CPC. From the death certificate appended alongwith CMP No.14026 of 2023, it is evident that respondent No. 1 had died on 26.03.2014. The right to sue survives in the legal heirs, details whereof have been given in para No. 1 of CMP No.14026 of 2023 and the same is in consonance with the details provided by the concerned Gram Panchayat. Inadvertently, the parentage of Sh. Rajeev Kumar, LR of deceased respondent No. 1(d) has wrongly been shown as Gurdev Chand instead of Bachhiter Singh. Let the same be rectified. Rectification in this regard be made while filing amended memo of parties. For the sufficient cause shown in CMP(M) No.1348 of 2023, delay in bringing on record the legal heirs of deceased respondent No. 1 is condoned and abatement, if any, is set aside. Therefore, the present applications are allowed and proposed legal heirs of deceased respondent No.1 are brought on record. Amended memo of parties be filed within two weeks.Applications stand disposed of. (Bipin C. Negi) Judge September 04, 2025. (Susheel)