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2021 Supreme(HP) 177

SURESHWAR THAKUR
Gagan Singh (since deceased) through his LRs – Appellant
Versus
Birbal Singh – Respondent


Advocates:
Advocate Appeared:
For the Appellants :Mr. Surinder Saklani, Advocate.

JUDGMENT :

SURESHWAR THAKUR, J.

Review Petition No. 129 of 2019 & CMP(M) No. 105 of 2021

During the pendency of RSA No. 405 of 2004, before this Court, co-appellant No.1 (a) Kishni Devi, died on 29.11.2017. Though, some delay has occurred in the institution of the application at hand, however, given the good and sufficient cause made out in the application aforesaid, for, hence condoning the delay in, the, moving of the application before this Court, for begetting substitution of deceased co-appellant No. 1(a) by her LRs, hence the delay, if any, as stands occurred, stands condoned. Abatement, if any, stands set aside. Since the substitution of deceased co-appellant No.1 (a) by her LRs is imperative for a continuation of the lis, hence the application is allowed. Consequently, the LRs of deceased co-appellant No.1 (a) enumerated in paragraph 5 of the application, contents whereof stand supported by an affidavit are permitted to be substituted in her place. Application stands disposed of. Amended memo of parties be filed within one week. No notice need be issued to the newly impleaded LRs of deceased co-appellant No.1 (a), as, they stand represented by Mr. Surinder Saklani, Advocate. R

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