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High Court of Himachal Pradesh · body

2025 DAILYLAW 37700 (HP)

STATE v. MAN SINGH AND ORS

CMP.M/2071/2025 · 2025-12-04

Sushil Kukreja

body2025

Judgment text

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State of HP & anr. Vs. Man Singh( (deceased) through LRs & ors. CMP(M) Nos.2071 to 2074, 2082, 2083, 2097 & 2098 of 2025 in RFA No.133 of 2004 04.12.2025 Present: Mr. Manoj Chauhan, Additional Advocate General, for the non-applicants/appellants. Mr. Ajay Kumar Dhiman, Advocate, for the applicants/respondents CMP(M) Nos.2071 & 2072 of 2025 The present applications under Order 22, Rule 4, read with Section 151 of the Code of Civil Procedure (CPC) and Section 5 of the Limitation Act have been filed for bringing on record the legal heirs of deceased respondent No.34-Ganga Ram, after condonation of delay and setting aside the abatement. 2. As per the applicant-appellant, respondent No.34- Ganga Ram expired on 19.03.2016 and left behind his legal representatives, as mentioned in para-3 of the application (CMP.M No. 2071 of 2025), who are required to be brought on record. The applications are duly supported by the affidavits of one of the applicants, Bal Krishan as well as copy of death certificate of the deceased and copy of Legal Heirs Certificate. 3. No reply is intended to be filed to the applications. 4. Heard. Keeping in view the facts and circumstances of the case, the present applications are allowed and the legal heir of deceased respondent No.34, as mentioned in para-3 of the application {CMP(M) No.2071 of 2025}, are ordered to be brought on record, after setting aside the abatement, if any. 5. The applications stand disposed of. CMP(M) Nos.2073 & 2074 of 2025 6. The present applications under Order 22, Rule 4, read with Section 151 of the Code of Civil Procedure (CPC) and Section 5 of the Limitation Act have been filed for bringing on record the legal heirs of deceased respondent No.35-Tara Chand, after condonation of delay and setting aside the abatement. 7. As per the applicant-appellant, respondent No.35- Tara Chand expired on 14.05.2022 and left behind his legal representatives, as mentioned in para-3 of the application (CMP.M No. 2071 of 2025), who are required to be brought on record. The applications are duly supported by the affidavits of one of the applicants, Prakash Chand as well as copy of death certificate of the deceased and copy of Legal Heirs Certificate. 8. No reply is intended to be filed to the applications. 9. Heard. Keeping in view the facts and circumstances of the case, the present applications are allowed and the legal heir of deceased respondent No.35, as mentioned in para-3 of the application {CMP(M) No.2073 of 2025}, are ordered to be brought on record, after setting aside the abatement, if any. 10. The applications stand disposed of. CMP(M) Nos.2082 & 2083 of 2025 11. The present applications under Order 22, Rule 4, read with Section 151 of the Code of Civil Procedure (CPC) and Section 5 of the Limitation Act have been filed for bringing on record the legal heirs of deceased respondent No.23-Hardev, after condonation of delay and setting aside the abatement. 12. As per the applicant-appellant, respondent No.23- Hardev expired on 05.06.2021 and left behind his legal representatives, as mentioned in para-3 of the application (CMP.M No. 2082 of 2025), who are required to be brought on record. The applications are duly supported by the affidavits of one of the applicants, Varun as well as copy of death certificate of the deceased. 13. No reply is intended to be filed to the applications. 14. Heard. Keeping in view the facts and circumstances of the case, the present applications are allowed and the legal heir of deceased respondent No.23 as mentioned in para-3 of the application {CMP(M) No.2082 of 2025}, are ordered to be brought on record, after setting aside the abatement, if any. 15. The applications stand disposed of. CMP(M) Nos.2097 & 2098 of 2025 16. The present applications under Order 22, Rule 4, read with Section 151 of the Code of Civil Procedure (CPC) and Section 5 of the Limitation Act have been filed for bringing on record the legal heirs of deceased respondent No.21-Baldev, after condonation of delay and setting aside the abatement. 17. As per the applicant-appellant, respondent No.21- Baldev expired on 30.11.2018 and left behind his legal representatives, as mentioned in para-3 of the application (CMP.M No. 2097 of 2025), who are required to be brought on record. The applications are duly supported by the affidavits of one of the applicants, Muneesh as well as copy of death certificate of the deceased. 18. No reply is intended to be filed to the applications. 19. Heard. Keeping in view the facts and circumstances of the case, the present applications are allowed and the legal heir of deceased respondent No.21, as mentioned in para-3 of the application {CMP(M) No.2097 of 2025}, are ordered to be brought on record, after setting aside the abatement, if any. 20. The applications stand disposed of. ( Sushil Kukreja ) Judge December 04, 2025 (V.Himalvi)