Puran Singh and others Vs Balwant Singh and others — Himachal Pradesh HC (2024) — LawSathi Research

Puran Singh and others Vs Balwant Singh and others — Himachal Pradesh HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Delay in filing the appeal condoned; judgment and decree of the learned First Appellate Court set aside on the ground that they ignored the death of respondent No.2 (15.12.2020); matter remanded to the First Appellate Court for adjudication afresh including the question of abatement, if any; parties through represented counsel directed to appear before the concerned court on 05.08.2024, with notice to unrepresented respondents; appeal and pending miscellaneous applications stand disposed of.

Issue for consideration

Whether the 14 days' delay in filing the appeal should be condoned. +2 more

Court's answer

The 14 days' delay in filing the appeal is condoned and the application CMP(M) No.739 of 2023 stands allowed and disposed of.

Ratio / Principle

Since the judgment and decree of the learned First Appellate Court were passed ignoring the death of one of the parties before it, the judgment and decree is liable to be set aside on this short count.

Key takeaways

On that short count the appeal is allowed and the matter is remanded to the learned First Appellate Court for adjudication afresh, including the question of abatement, if any.ratio¶19

Detailed headnote1 paragraphs

HIGH COURT OF HIMACHAL PRADESH, SHIMLA — RSA No.178 of 2024 (oral judgment, Ajay Mohan Goel, Judge, 11.07.2024): (i) CMP(M) No.739 of 2023 allowed — 14 days' delay in filing the appeal condoned; notices issued therein had disclosed that respondent No.2 had died during the pendency of the first appeal itself. (ii) Holding the judgment and decree of the learned First Appellate Court liable to be set aside on the short count that they were passed ignoring the factum of the death of respondent No.2 (on 15.12.2020), the appeal is allowed and the entire matter is remanded to the First Appellate Court for adjudication afresh, including the question of abatement, if any. Parties through represented counsel directed to appear before the concerned court on 05.08.2024, on which date notice may issue to the other respondents not represented; pending miscellaneous applications stand disposed of. No precedent or statutory provision is cited in the judgment.

2024:HHC:5020

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

RSA No.178 of 2024 Decided on: 11.07.2024

Puran Singh & others Versus	…. Appellants.
Balwant Singh & others	…. Respondents.

Coram

Hon’ble Mr. Justice Ajay Mohan Goel, Judge.

Whether approved for reporting?¹

For the appellants : Mr. Sudhir Thakur, Senior Advocate, with Mr. Sumesh Sharma, Advocate. For the respondents : Mr. P.S. Goverdhan, Senior Advocate, with Mr. Rakesh Thakur, Advocate, for respondents No.1, 3 (a), 3 (b) and 6. Respondent No.2 reported to be dead. Respondents No.4, 5 and 7 ex parte .

Ajay Mohan Goel, Judge (Oral)

CMP(M) No.739 of 2023

This application has been filed for condonation of 14 days delay in filing the appeal. Notices issued in the application bring-forth the fact that respondent No.2 impleaded herein in fact had died during the pendency of the first appeal itself.

Be that as it may, Non-applicants No.1, 3 (a), 3 (b) and 6 stand represented by Mr. P.S. Goverdhan, learned Senior Counsel. As other non-applicants have not put in appearance despite service, they are proceeded against ex parte .

Having heard learned Senior Counsel for the parties and taking into consideration the fact that delay in filing the appeal is of

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

2

14 days, this application is allowed by condoning the delay in filing the appeal. The application stands disposed of.

RSA No.178 of 2024

When the case was taken up for consideration, the Court stands informed that the judgment and decree passed by learned First Appellate Court is not sustainable in the eyes of law as the same was passed ignoring the factum of the death of respondent No.2 on 15.12.2020. As this aspect of the matter is not much in dispute that the judgment and decree passed by learned First Appellate Court by ignoring the factum of death of one of the party before learned First Appellate Court, the judgment and decree is liable to be set aside on this short count.

Accordingly, the appeal is allowed on this short count and the matter is remanded back to learned First Appellate Court for adjudication afresh including the question of abatement, if any. The parties through represented counsel are directed to appear learned Court concerned on 05.08.2024, on which date learned Court may issue notice to the other respondents who are not represented here.

The appeal stands disposed of. Pending miscellaneous applications, if any, also stand disposed of.

(Ajay Mohan Goel) Judge

July 11, 2024 (Rishi)