WATTANA NOW DECEASED THROUGH HIS LRS TIRATH RAM AND ORS v. BALWANT NOW DECEASED THROUGH LRS MONEY RAM AND ORS
CMP.M/414/2021 · 2025-07-10
Bipin Chander Negi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 18365 (HP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 18365 (HP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Wattana (deceased) through LRs and Ors. Vs. Balwant Ram (deceased) through LRs and Anr.
CMP(M) No.414 of 2021
10.07.2025 Present: Mr. Vijay, Advocate, vice Mr. Sanjeev Kumar Suri, Advocate, for the applicants.
CMP(M) No.1664 and 1665 of 2022
Legal heirs of deceased proforma respondent No.5- Banarsi Dass, sought to be brought on record are three, namely Sh. Ravi Kumar, Sh. Narinder Kumar and Smt. Charan Kaur. Sh. Ravi Kumar and Sh. Narinder Kumar have been served. However, none has put in appearance on their behalf, therefore, they were proceeded against ex parte.
Insofar as Smt. Charan Kaur is concerned, an application for deletion of her name, as a legal heirs, already exist on record as CMP No.14152 of 2025.
Respondent No.5 is stated to have died on
02.02.2020. The right to sue survives in the legal heirs, details whereof, have been given in para 2 of CMP(M) No.1664 of 2022.
For the sufficient cause shown in CMP(M) No.1665 of 2022, delay in bringing on record legal heirs of deceased respondent No.5, is condoned and abatement, if any, is set aside. Applications are allowed and proposed LRs Sh. Ravi Kumar and Sh. Narinder Kumar, are ordered to be brought on record as respondents No.5(a) and 5(b). Applications stand
disposed of.
CMP No.14152 of 2025
Respondent No.5-Banarsi Dass, has been arrayed as respondent No.5. On his death, his legal heirs were brought on record. Vide order passed in CMP(M) Nos.1664 and 1665 of
2022, legal heirs of deceased respondent No.5 i.e. his both sons, have been brought on record. Insofar as his wife-Charan Kaur is concerned, the present application has been filed for not incorporating her name, as a legal heir of deceased respondent No.5, as after the death of deceased respondent No.5, she has also died on 24.05.2023. The same is evident from the death certificate appended along with the application. As her sons born out of the wedlock with Banarsi Dass, have already been brought on record as respondents No.5(a) and 5(b), therefore, the present application is allowed, subject to all just exceptions. There is no requirement to bring on record the widow of Banarsi Dass i.e. Charan Kaur, who has already died on 24.05.2023. Amended memo of parties filed along with the application be taken on record, if in order. Application stands disposed of.
CMP(M) No.414 of 2021
For the sufficient cause shown in the application, delay in filing the appeal is condoned. Application stands
disposed of.
RSA No.______ of 2025
Be registered.
On taking steps within three days, issue notices to the respondents, returnable within four weeks.
(Bipin C. Negi) Judge 10th July, 2025
(Gaurav Rawat)