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2021 Supreme(HP) 464

AJAY MOHAN GOEL
Kanwar Bhan – Appellant
Versus
Ravan Ram (since Deceased – Respondent


Advocates appeared:
Ashwani K Sharma, Advocate, Ishan Sharma, Advocate, Vinay Sharma, Advocate

JUDGMENT

Ajay Mohan Goel, J. - By way of this petition filed under Section 115 of the Code of Civil Procedure, the petitioner has challenged order dated 18.01.2020, passed by the Court of learned Civil Judge, Palampur, District Kangra, H.P. in a Miscellaneous Application filed under Order 22, Rule 4 of the Code of Civil Procedure in Civil Suit No. 75/2013, titled as Kanwar Bhan Vs. Ravan Ram, which stood disposed of by the learned Court below in the following terms:

"Today the case is listed for orders on application filed under Order 22 Rule 4 CPC. It is submitted that defendant Ravan Ram has expired. The present case is regarding permanent prohibitory and mandatory injunction. There is only one defendant and he had expired, therefore the right to sue does not survive in favour of LRs. of deceased Ravan Ram, as the person act of the person came to an end with his death. As the only defendant has expired and there is no other person against whom suit can be proceeded with, accordingly, the suit alongwith application under Order 22 Rule 4 CPC is dismissed. File after its due completion be consigned to record room."

2. When the case was listed on 26.02.2021, none has put in appearance

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