2025:HHC:27272 IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CMPMO No. 95 of 2023 Decided on : 12.08.2025 Jaswant Singh. …Petitioner Versus Anil Kumar and others. …Respondents Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge Whether approved for reporting?1 For the petitioner : Mr. Aman Parth Sharma, Advocate. For the respondents : Mr. R.K. Sharma, Senior Advocate, with Ms. Vidhushi Sharma, Advocate, for respondents No.1 and 18. Ajay Mohan Goel, Judge (Oral) By way of this petition, the petitioner has, inter alia, prayed for the following relief:- “That order dated 30.09.2022 passed in CMA 317/21 in Civil Suit 374/14 titled as Kuldeep Kumar and others Vs. Daggi and others may kindly be quashed in the interest of justice and fair play.” 2. Learned counsel for the petitioner submits that the 1Whether reporters of the local papers may be allowed to see the judgment? 2 2025:HHC:27272 impugned order is not sustainable in the eyes of law for the reason that specific objection taken by the petitioner with regard to the locus of the respondent for being transposed as plaintiff, which is duly reflected in Paragraph No.6 of the impugned order, has neither been discussed nor adjudicated upon by the learned Trial Court in the impugned order. He submits that during the pendency of these proceedings, the mutation, in terms whereof, the respondent was claiming to have interest in the suit land, was cancelled by the Revenue Authorities, which has attained finality. He submits that this aspect of the matter has not been dealt with by the learned Trial Court while passing the impugned order. 3. On the other hand, learned Senior Counsel for the respondents submits that as per his instructions, probably there is a challenge to the said order by the respondents. 4. This is refuted to by learned counsel for the petitioner, who submits that no challenge has been laid to the order passed by Assistant Collector by the respondents, though the petitioner has challenged the same on some other count. 5. Be that as it may, having heard learned counsel for 3 2025:HHC:27272 the petitioner as well as learned Senior Counsel for respondents No.1 and 18 and having perused the impugned order, as it is evident that the objection as was taken by the petitioner in the reply to the application before the learned Trial Court, which finds mentioned in Paragraph No.6 of the impugned order, has neither been discussed nor adjudicated upon in the impugned order, there appears to be merit in the contention of the learned counsel for the petitioner. 6. When learned Trial Court took notice of the objection raised by the present petitioner, to the prayer of the respondents for transposition as a plaintiff, said objection ought to have been dealt with on merit by the learned Trial Court. In the absence of any finding returned on said account, the impugned order is not sustainable in the eyes of law. 7. Therefore, on this short count, this petition succeeds. Order dated 30.09.2022, passed in CMA No. 317/2021 in Civil Suit No. 374/2014, titled as Kuldeep Kumar & Ors. Vs. Daggi & Ors., passed by the learned Trial Court is quashed and set aside and it is directed that the application for transposition as a plaintiff filed by the respondents be heard 4 2025:HHC:27272 afresh, on the basis of the pleadings already on record and a fresh order be passed thereupon, taking into consideration all the objections, that have been raised to the said application by the petitioner herein. Parties through counsel are directed to appear before the learned Trial Court on 08.09.2025 and an endeavour shall be made by the learned Trial Court to dispose of the application on or before 31.10.2025. It is clarified that this Court has not made any observation as far as the respective merit of the stand of the parties are concerned and the application be decided by the learned Trial uninfluenced by any observation made by the Court. 8. The petition is disposed of in above-said terms. Interim order, if any, stands vacated. Pending miscellaneous application(s), if any, also stand disposed of accordingly. (Ajay Mohan Goel) Judge August 12, 2025 (Shivank Thakur)