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  1. Home/
  2. Library/
  3. High Court Of Himachal Pradesh/
  4. 2024/
  5. July

Balwant Singh and Others vs. Ramesh Chand (deceased Through Lrs Renu and Others)

Decided on 31 July 2024• Citation: CMP.M/1756/2023• High Court of Himachal Pradesh
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                            Balwant Singh and  others vs. Ramesh  Chand             
                            (since deceased) through LRs. and others                
                                                CMP(M) No.1756 of 2023              
        31.07.2024 Present: Mr. Rakesh Thakur, Advocate, for the applicants/appellants.
                            Mr. Parikshit Sharma, Advocate, for respondents No.1(i) to
                            1(iii), 2, 3, 4(i), 4(ii) & 6.                          
                            Mr. Ajay Sipahiya, Advocate, for respondent No.7.       
                            CMP(M) No.86/2024                                       
                            No reply is intended to be filed on behalf of the non-  
                        applicants. From perusal of the Death Certificate appended  
                        along-with present application, it is evident that respondent No.5
                        had died on 19.12.2023.                                     
                            Since the right to sue inheres/survives with the legal heirs
                        of deceased respondent No.5, details whereof, have been given
                        in Paragraph-2 of the application, therefore, they are permitted
                        to be brought on record.                                    
                            Legal heirs of deceased respondent No.5, i.e. respondents
                        No.5(a) and 5(b), though stand served, but none has put in  
                        appearance on their behalf, hence, they had already been    
                        proceeded against ex parte vide ordered dated 17.06.2024,   
                        passed by Additional Registrar (Judicial) of this Registry. 
                            Application stands disposed of. Amended memo of         
                        parties be filed within two weeks.                          
                            CMP(M) No.1756/2023                                     
                            No reply is intended to be filed on behalf of the non-  
                        applicants.                                                 
                            From the bonfide reasons mentioned in the application, it
                        is evident that there is no willful or deliberate delay on the part of
                        the present applicants in filing the present appeal. Accordingly,

                        the application is allowed. Delay of 08 days in filing the appeal is
                        condoned. Application stands disposed of.                   
                            RSA No.______/2024                                      
                            It be registered.                                       
                            List after two weeks.                                   
                                                      ( Bipin C. Negi )             
                       July 31, 2024                      Judge                     
                                   (KS)