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High Court of Himachal Pradesh · body

2025 DAILYLAW 35355 (HP)

MS JAIPRAKASH ASSOCIATES LIMITED v. SEVTI DEVI (SINCE DECEASED) THROUGH LRS SANT RAM AND ORS

CMP.M/2130/2025 · 2025-12-22

Sushil Kukreja

body2025

Judgment text

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M/s Jaiprakash Associates Ltd. Vs. Sevati Devi (deceased) & anr. RFA No.74 of 2017 22.12.2025 Present: Mr. Mohinder Verma, Advocate for the appellant. Mr. Virender Thakur, Advocate, for respondents 1(a) to 1(c). Mr. Manoj Chauhan, Additional Advocate General, for respondent No.2/State. Mr. Anil Kumar God, Advocate, for respondent No.3/ Ultra Tech. CMP(M) No.2130 of 2025 The present application under Order 22, Rule 4, read with Section 151 of the Code of Civil Procedure (CPC) and Section 5 of the Limitation Act has been filed for bringing on record the legal heirs of deceased respondent No.1(c)-Babu Ram, after condonation of delay and setting aside the abatement. 2. As per the applicants, respondent No.1(c) Babu Ram had expired on 22.08.2025 and left behind his legal representatives, as mentioned in para-3 of the application, who are required to be brought on record. The application is duly supported by the affidavit of one of the applicants, Pawan Kumar, as well as copy of death certificate of the deceased (Annexure A-1) and copy of Legal Heirs Certificate (Annexure A-2). 3. No reply is intended to be filed to the application. 4. Heard. Keeping in view the facts and circumstances of the case, the present application is allowed and the legal heir of deceased respondent No.1(c), as mentioned in para-3 of the application, are ordered to be brought on record, after setting aside the abatement, if any. Amended memo of parties, annexed wit the application is ordered to be taken on record. 5. The application stands disposed of. RFA No.74 of 2017 6. Since the appeal already stands admitted, list for final hearing in due course. Registry is directed to reflect the name of Mr.Mohinder Verma, Advocate, for the appellant, in the cause- list henceforth. ( Sushil Kukreja ) Judge December 22, 2025 (V.Himalvi)