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High Court of Himachal Pradesh · body

2025 DAILYLAW 5805 (HP)

RAMESH CHAND v. NATIONAL INSTITUTE OF TECHNOLOGY

CMP.M/335/2025 · 2025-03-22

Sandeep Sharma

body2025

Judgment text

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Ramesh Chand vs. The National Institute of Technology, Hamirpur, H.P. CWP No.8197 of 2021 22.03.2025 Present Mr. Arun Kumar, Advocate vice Ms. Vidushi Sharma, Advocate, for the petitioners. Mr. Shashi Shirshoo, CGC, for the respondent. CMP(M) No.335 of 2025 By way of instant application filed under Order 22 Rule 3 CPC, prayer has been made on behalf of the applicants/petitioners for their substitution in place of deceased petitioner Sh. Ramesh Chand, who has expired on 17.10.2024, as is evident from the death certificate placed on record. No reply is intended to be filed on behalf of the non- applicant/respondent. Having perused the averments contained in the application, which are duly supported by an affidavit, this Court finds that petitioner Ramesh Chand has expired on 17.10.2024, as is evident from the death certificate placed on record as Annexure A-1, leaving behind his LRs, as detailed in para-2 of the application, who are otherwise applicants before this Court. Since right to sue survives in favour of the LRs proposed to be substituted in place of deceased petitioner, there appears to be no impediment in accepting the prayer made in the application. Consequently, in view of the above, the present application is allowed and the applicants herein are ordered to be substituted in place of deceased sole petitioner, whose name is otherwise ordered to be deleted from the array of the parties. Registry is directed to carry out necessary correction in the memo of the parties on the basis of amended memo of parties annexed with the application. The application stands disposed of. CWP No.8197 of 2021 Since Mr. Arun Kumar, Advocate, has instructions to appear on behalf of the newly impleaded petitioners, there is no necessity to issue notice to them, however afore counsel may file Power of Attorney on behalf of the newly impleaded petitioners within a period of three weeks. Since pleadings in the petition are complete and parties are duly represented, let this case be listed for final hearing after six weeks. (Sandeep Sharma) Judge March 22, 2025 (shankar)