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Hans Raj Vs Raj Rani — Civil Procedure and Limitation | Himachal Pradesh HC (2016)

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Himachal Pradesh HC
2016
Hans Raj Vs Raj RaniHans Raj v. Raj Rani

Dismissed

Hans Raj v. Raj Rani

Himachal Pradesh HC6 May 2016RSA/3/2007

Case brief

AI extract

What is this about?

The appeal was dismissed as abated, as it was contended that the appellant was deceased and no one came forward to represent him.

What did the court decide?

The appeal was dismissed as the appellant was found to be dead and no representative appeared.

What the court decided

AI extract

A

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

RSA No. 3 of 2007.

Decided on: 6.5.2016.

Hans Raj

.…Appellant.

Versus

Smt. Raj Rani & others

… Respondents.

Coram

The Hon’ble Mr. Justice Ajay Mohan Goel, Judge. Whether approved for reporting?¹

For the appellant. : Ms. Devyani Sharma, Advocate.

For respondents No.1 to 3.: Mr. J.L. Bhardwaj, Advocate. For respondent No.4. : None.

Parties & counsel

AI extract

appellant
Hans Raj
respondent
Smt. Raj Rani
respondent
others

Coram

AI extract

Case details

As recorded by the court registry

Court: Himachal Pradesh HC
Decided on: 6 May 2016 · May
Registered: 3 Jan 2007
Case no.: RSA/3/2007

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Cite this judgement

Hans Raj v. Raj Rani, RSA/3/2007 (HP), decided on 6 May 2016.

The High Court of Himachal Pradesh publishes no neutral citation for this judgement — cite it by case number and date of decision.

Bench / Coram

Ajay Mohan Goel

Parties & counsel

Outcome

The appeal was dismissed as the appellant was found to be dead and no representative appeared.

Detailed headnote1 paragraphs

The appeal was dismissed as abated, as it was contended that the appellant was deceased and no one came forward to represent him.

A compact analysis

This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.

Ajay Mohan Goel, J (Oral).

When the case was listed on 6.4.2016, it was stated by the learned counsel for the parties that despite repeated communication their clients were not responding and perhaps they may not be interested in amicable resolution of the dispute at this stage. Accordingly, the matter was ordered to be listed today.

1 Whether reporters of the local papers may be allowed to see the judgment? Yes.

2

Today, Ms. Sharma learned counsel for the appellant has stated that they had sent a registered letter to the appellant dated 6.4.2016 which has been returned back with an endorsement ‘that the recipient of the same is dead’. The letter along with envelop of the receipt is ordered to be taken on record.

Mr. Bhardwaj learned counsel appearing for the respondents also states that as per instructions imparted by his clients, the appellant is dead. He further submitted that keeping in view the fact that the appellant is dead and no one is now coming forward to represent the deceased-appellant, the appeal has to be dismissed as abated.

In view of the above, the appeal is ordered to be dismissed as abated. No order as to costs.

(Ajay Mohan Goel) Judge

6^th May, 2016. (Guleria)

Ajay Mohan Goel

CNR

HPHC010003912007

Topic

Civil Procedure and Limitation

Bench

Ajay Mohan Goel

Disposal

Disposed Off

6 May 2016

Soma Devi Vs State

6 May 2016