Extracted from the PDF above. The PDF is authoritative.
1 ( 2025:HHC:9272 ) IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CMPMO No.366 of 2022 Date of Decision : 04.04.2025 Mast Ram …… Petitioner
Versus
Jeet Ram (since deceased) through LRs. and others ……Respondents
Coram:
The Hon’ble Mr. Justice Bipin Chander Negi, Judge Whether approved for reporting?1
For the petitioner : Ms. Devyani Sharma, Senior Advocate with Mr. Anirudh Sharma, Advocate.
For the respondent : Mr. Romesh Verma, Senior Advocate with Mr. Sumit Sharma, Advocate, for respondents No.1(a) to 1(c) and 2.
Bipin Chander Negi, Judge
(oral)
Learned Senior Counsel appearing on behalf of the petitioner submits that the predecessor-in-interest of the present petitioner was the defendant before the trial Court. He had filed an application under Order 6 Rule 17 of the Civil Procedure Code for amending the written statement filed before the trial Court. The said application was dismissed.
2. Being aggrieved by the dismissal of the said application, present petition had been preferred. During the pendency of the present petition, the original defendant before the trial Court has 1 Whether reporters of Local Papers may be allowed to see the judgment?
2 ( 2025:HHC:9272 ) died. Learned Senior Counsel for the petitioner submits that in view of death of the original defendant, present petition is not being pressed.
3. In the aforesaid facts and attending circumstances of the case, learned Senior Counsel, under instructions of Mr. Anirudh Sharma, learned Advocate, for the petitioner, i.e., legal heirs of deceased defendant submits that in terms of provisions of Order 22 Rule 4(2) of the Civil Procedure Code, the legal representatives would now be making an appropriate defence before the trial Court.
4. In view of above terms, present petition is dismissed as not pressed, so also, the pending miscellaneous application(s), if any.
5. The parties are directed to appear before the trial Court on 22.04.2025.
(Bipin Chander Negi) April 04, 2025 (KS) Judge