Disposed

Manohar Lal and Another v. Brij Lal (Deceased through Lrs Byasa Devi) and Others

Himachal Pradesh HC14 Oct 2024CMPMO/213/2024

Case brief

AI extract

What is this about?

Petition by defendants challenging the trial court's order permitting substitution of deceased defendant's legal heirs and setting aside abatement. The High Court found no error, holding the delay adequately explained, but enhanced costs from Rs.1,000 to Rs.5,000 payable to the defendants.

What did the court decide?

Cost enhanced from Rs.1,000 to Rs.5,000 payable by plaintiffs; petition otherwise disposed of upholding substitution order.

Manohar Lal and Another Vs Brij Lal (Deceased… — Property and Title | Himachal Pradesh HC (2024)

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

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	CMPMO No. 213/2024
	Decided on: 14.10.2024
Manohar Lal & Anr.	…Petitioners

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Versus

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Brij Lal & Ors. ....Respondents. ………………………………………………………………………………. Coram

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Ms. Justice Jyotsna Rewal Dua, Judge Whether approved for reporting?¹

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For the petitioners: Mr. Naresh K. Sharma, Advocate. For the respondents: Mr. Malay Kaushal, Advocate, for respondent No.1(ii). None for respondents No.1(ii), 1(iii), 3 (ii), 3(iii) and 4.

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Jyotsna Rewal Dua, Judge

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Defendants No.1 & 3 feeling aggrieved against order

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dated 19.01.2024 passed by the learned Trial Court allowing an application moved by the plaintiffs for bringing on record the legal heirs of deceased-respondent No.2 after setting side the abatement, have instituted the present petition.

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Heard learned counsel for the parties and considered the case file.

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It appears from the record that defendant No.2-Sh. Nand Kishore died on 17.12.2022. The plaintiffs moved an

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

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application on 18.09.2023 under Order 22 Rules 4 & 9 read with Order 1 Rule 10(2) read with Section 151 of the Civil Procedure Code for bringing on record the legal heirs of deceased-respondent No.2. The plaintiffs inter-alia pleaded that they did not visit the Court on each & every date of hearing; It was on 08.08.2023, the plaintiffs visited the office of their learned counsel, when the matter was fixed for evidence; Though on 08.08.2023, they had apprised their learned counsel about the death of defendant No.2-Sh. Nand Kishore on 17.12.2022, however, learned counsel directed them to get the death certificate of late Sh. Nand Kishore; This certificate was issued to them only in September 2023, whereafter the application was moved for bringing on record the legal heirs of deceased-defendant No.2 and for setting aside the abatement.

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In my considered view, learned Trial Court did not commit any error in allowing the application. Learned Trial Court has justifiably exercised the discretion vested in it. Admittedly, Sh. Nand Kishore was not the sole defendant in the civil suit. There were three other defendants as well. It is not even the case of the present petitioners-defendants No.1 & 3 that the entire suit as a whole had abated on the death of defendant No.2. The plaintiffs had justifiably explained the reason for the delay in moving the application. There has been some callousness on their part in moving the application to bring on record the legal heirs of

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deceased-defendant No.2, for which the defendants were required to be compensated with imposition of cost. Learned Trial Court, therefore, was justified in allowing the application subject to imposition of cost. However, the cost of Rs.1,000/- so imposed was not adequate in the given facts and is required to be enhanced. In my considered view, justice would be served, in case, respondents No.1(i) & 1 (ii) and respondent No.2 are imposed cost of Rs.5,000/-. Ordered accordingly. The said cost shall be payable by the plaintiffs to the petitioners and respondent No.4 (defendants No.1, 3 and 4).

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The petition is disposed of in above terms. Pending miscellaneous application, if any, shall also stand disposed of.

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Jyotsna Rewal Dua Judge

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October 14, 2024 (rohit)

Manohar Lal and Another v. Brij Lal (Deceased through Lrs Byasa Devi) and Others

Case brief

What is this about?

What did the court decide?

Manohar Lal and Another v. Brij Lal (Deceased through Lrs Byasa Devi) and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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