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2025 DAILYLAW 13057 (HP)

PARAMJEET SINGH AND OTHERS v. KHURSHEEDA AND OTHERS

CWP/4951/2022 · 2025-08-18

Ajay Mohan Goel

body2025

Judgment text

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( 2025:HHC:27808 ) IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 4951 of 2022 Decided on: 18.08.2025 Paramjeet Singh and others .…Petitioners. Versus Khursheeda and others …Respondents. Coram The Hon’ble Mr. Justice Ajay Mohan Goel, Judge. Whether approved for reporting?1 For the petitioners: Mr. Parveen Kumar Chandel, Advocate. For the respondents: Mr. Karan Singh Kanwar, Advocate, for respondents No. 1, 2, 4 to 10 & 12 to 16. Respondent No. 3 is stated to have died on 06.05.2009. Name of respondent No. 11 stands deleted. Ajay Mohan Goel, Judge (Oral): CWP No. 4951 of 2022 a/w CMP Nos. 1454 & 1455 of 2025 CMP Nos. 1454 & 1455 of 2025 have been filed under Order XXII, Rule 4 of the Code of Civil Procedure read with Section 5 of the Limitation Act to bring on record the legal representatives of deceased Mst. Nisara, who was impleaded as respondent No. 3 in the present proceedings. 2. This writ petition was instituted in the year 2022, whereas, Mst. Nisara-respondent No. 3 is stated to have died on 06.05.2009. This 1 Whether reporters of the local papers may be allowed to see the judgment? 2 ( 2025:HHC:27808 ) demonstrates that said respondent was dead while the matter was pending before the Assistant Collector, 2nd Grade, Paonta Sahib. Order dated 11.06.2010, passed by the Assistant Collector, 2nd Grade, Paonta Sahib was initially assailed before the Collector, Sub-Division, Paonta Sahib. Thus, all the Authorities below passed the orders by ignoring the factum of death of Mst. Nisara-respondent No. 3. 3. Hon’ble Supreme Court in Gurnam Singh (dead) through LRs. & others Vs. Gurbachan Kaur (dead) by LRs. (2017) 13 SCC 415 has been pleased to hold that any judgment/order passed in favour or against a dead person is a nullity. 4. In the light of above, this writ petition is disposed of without any adjudication on merit, by setting aside order dated 11.06.2010, passed by the Assistant Collector, 2nd Grade, Paonta Sahib, order dated 30.09.2011, passed by the Collector, Sub-Division, Paonta Sahib, District Sirmaur, order dated 21.08.2017, passed by the Divisional Commissioner, Shimla and order dated 18.04.2022, passed by the Financial Commissioner (Appeals), Himachal Pradesh. The matter is remanded back to the Court of learned Assistant Collector, 2nd Grade/1st Grade, Paonta Sahib, with the direction to decide the case afresh by taking into consideration the factum of death of Mst. Nisara. Pending miscellaneous application(s), if any, also stand disposed of accordingly. (Ajay Mohan Goel) Judge August 18, 2025 (bhupender)