WATTANA NOW DECEASED THROUGH HIS LRS TIRATH RAM AND ORS v. BALWANT NOW DECEASED THROUGH LRS MONEY RAM AND ORS
CMP.M/1701/2022 · 2025-04-30
Bipin Chander Negi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 20802 (HP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 20802 (HP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Wattana (deceased) through LRs and others vs. Balwant Ram (deceased) through LRs and another. CMP(M) No.414 of 2021
30.04. 2025 Present: Mr. Vijay Kumar, Advocate, vice Mr. Sanjeev Kumar Suri, Advocate, for the applicants. CMP(M) Nos. 1718 of 2022 & 186 of 2023
No reply is intended to be filed on behalf of non-applicants. Legal representatives No. 3(a) and 3(b) though served, but none has put in appearance on their behalf hence they were proceeded against ex-parte vide order dated
09.07.2024. Proforma respondent No.3 is stated to have died on
15.06.2022. The right to sue inheres in the legal heirs of deceased respondent No. 3,details whereof have been given in para 2 of the application.(cmp(m) No. 1718 OF 2022). For the sufficient cause in the application, (cmp(m) No. 186 of 2023)delay in bringing on record the legal heirs of deceased respondent No. 3 is condoned . Abetment , if any is set aside. Since the right to sue inheres in the legal heirs of deceased respondent No.3 , therefore they are ordered to be brought on record. Application stands disposed of. Amended memo of parties be filed within two weeks. CMP(M) Nos.1666 of 2022 & 1667 of 2022 No reply is intended to be filed on behalf of non applicants. Legal heirs of deceased respondent No.6, though served, none had put in appearance on their behalf, hence they were
proceeded against ex-parte vide order dated 09.07.2024. Proforma respondent No.6 is stated to have died on
12.02.2013. The right to sue inheres in the legal heirs of deceased respondent No. 6 details whereof have been given in para 2 of the application (CMP(M) No.1666/2022) For the sufficient cause in the application , delay in bringing on record the legal heirs of deceased respondent No. 6 is condoned. Abetmnt, if any, is set-aside. Since right to sue inheres in the legal heirs of deceased respondent No.6, therefore they are ordered to be brought on record. Application stands disposed of. Amended memo of parties be filed within two weeks. CMP(M) No.s 1664 of 2022 and 1665 of 2022 Consequential steps for bringing on record the proposed legal heirs of respondent No.5(c) be positively taken within four weeks. List thereafter. CMP(M) No.1700 & 1701 of 2022 No reply is intended to be filed on behalf of non-applicants. Legal heirs of deceased appellant No.1 have filed their power of attorney.
They submit that right to sue survives in them. Appellant No.1 is stated to have died on 27.7.2022 and the death certificate is appended alongwith the application (CMP(M) No.1700 of 2022). The right to sue survives in the legal heirs of deceased of appellant No.1, details whereof, have been given in para 2 of the application (CMP(M) 1700/2020. For the sufficient cause shown in the application, delay in bringing on record the legal heirs of deceased , appellant No.1,is condoned. Abatement, if any, is set aside. Since right to sue survives in the legal heirs
detailed in para 2 of CMP(M) No.1700 of 2022, therefore, they are ordered to be brought on record. The applications are allowed. Amended memo of parties be filed within two weeks. List thereafter. (Bipin C. Negi) Judge April 30, 2025 (veena)