Dismissed¶23

Suresh v. Mohan Lal Bansal

Punjab & Haryana HC1 May 2026RSA/2429/2003

Case brief

AI extract

What is this about?

Punjab and Haryana High Court, Chandigarh; RSA No. 2429 of 2003 (O&M) alongwith CM No. 5813-C-2026 and CM No. 5814-C-2026; Suresh and others v. Mohan Lal Bansal and others; impleading of legal representatives/heirs of deceased appellant under Order XXII Rule 3 CPC; withdrawal of appeal under Order XXIII Rule 1 CPC; appeal dismissed as withdrawn; single Judge coram Amarinder Singh Grewal; decided 01.05.2026; not reportable.

What did the court decide?

Legal representatives of deceased-appellant No. 1 impleaded as appellant No. 1(i) and 1(ii) solely for prosecuting the appeal; withdrawal of the appeal permitted; appeal dismissed as withdrawn and pending miscellaneous applications disposed of. ¶23

Suresh Vs Mohan Lal Bansal — Punjab & Haryana HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the legal representatives of deceased-appellant No. 1 (Suresh, expired 26.10.2009) should be impleaded so as to prosecute the appeal. +1 more

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Court's answer

CM No. 5813-C-2026 is allowed subject to just exceptions; the legal representatives of deceased-appellant No. 1 named in paragraph No. 2 of the application are impleaded as appellant No. 1(i) and 1(ii) only for the purpose of prosecuting the appeal, and the amended memo of parties is taken on record.

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Ratio / Principle

CM No. 5814-C-2026 seeking withdrawal of the appeal under Order XXIII Rule 1 CPC is allowed as prayed for.

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Key takeaways

In view of the order passed in CM No. 5814-C-2026, the main appeal RSA No. 2429 of 2003 (O&M) is dismissed as withdrawn, and pending miscellaneous application(s), if any, stand disposed of.ratio¶23

Detailed headnote1 paragraphs

Oral order of the High Court of Punjab and Haryana at Chandigarh (Amarinder Singh Grewal, J.), dated 01.05.2026, in CM Nos. 5813-C and 5814-C of 2026 in/and RSA No. 2429 of 2003 (O&M), Suresh and others v. Mohan Lal Bansal and others: (1) the application under Order XXII Rule 3 CPC read with Volume V Chapter 1, Part-C, Rule 2 (B) of the High Court Rules was allowed subject to just exceptions, and the legal representatives of deceased appellant No. 1 (Suresh, who expired on 26.10.2009) were ordered to be impleaded as appellant No. 1(i) and 1(ii) only for the purpose of prosecuting the appeal, with the amended memo of parties taken on record; (2) the application under Order XXIII Rule 1 CPC for withdrawal of the appeal was allowed as prayed for; consequently the appeal was dismissed as withdrawn and pending miscellaneous application(s), if any, stood disposed of. Whether Speaking: Yes; Whether Reportable: No.

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101 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CM No. 5813-C-2026 & CM No. 5814-C-2026 IN/AND RSA No. 2429 of 2003 (O&M) DATE OF DECISION: 01.05.2026

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SURESH AND OTHERS

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......APPELLANTS

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Vs.

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MOHAN LAL BANSAL AND OTHERS .........RESPONDENTS

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CORAM: HON'BLE MR. JUSTICE AMARINDER SINGH GREWAL

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Present: Ms. Geetanjali Bhatia & Mr. Abhisar Chaudhary, Advocates, for the applicants-appellants.

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Mr. Ashwani Gaur, Advocate, for the non-applicants/respondents.

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*****

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AMARINDER SINGH GREWAL, J.(ORAL)

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CM No. 5813-C-2026

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(i ) Prayer in the present application, filed under Order XXII Rule 3 of the Code of Civil Procedure, 1908 (for short ‘the CPC’) read with Volume V Chapter 1, Part-C, Rule 2 (B) of the High Court Rules, is for impleading the legal representatives of the deceased-appellant No. 1.

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(ii) Learned counsel for the applicants-appellants submits that appellant No. 1-Suresh has expired on 26.10.2009. A copy of his death certificate has been annexed as Annexure A-1 with the present application. It is further submitted that permission be granted to bring on record the legal representatives of the deceased-appellant No. 1 for the purpose of prosecuting the present appeal on his behalf.

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(iii) Notice in the application.

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NITIN 2026.05.01 14:12 I attest to the accuracy and integrity of this document

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(iv) Mr. Ashwani Gaur, Advocate, accepts notice on behalf of the non-applicants/respondents and submits that he has no objection if the present application is allowed.

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(iii) Keeping in view the aforesaid submissions and the averments made in the application, the same is allowed, subject to just exceptions. The legal representatives of the deceased-appellant No. 1 whose names are mentioned in paragraph No. 2 of the application, are ordered to be impleaded as appellant No. 1 (i) and 1 (ii) only for the purpose of prosecuting the present appeal. The amended memo of parties is taken on record. Office to tag the same at the appropriate place.

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CM No. 5814-C-2026

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(i ) The present application has been filed by the applicantsappellants under Order XXIII Rule 1 CPC for withdrawal of the present appeal.

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(ii) The application is allowed, as prayed for.

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RSA No. 2429 of 2003 (O&M)

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1 . In view of the order passed in CM No. 5814-C-2026, the present appeal is dismissed as withdrawn.

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2 . Pending miscellaneous application(s), if any, shall also stand disposed of.