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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
VIKRAM AGGARWAL
Gauri Shankar – Appellant
Versus
National Hardware House – Respondent
JUDGMENT :
Vikram Aggarwal, J.
CM-6108-CII-2025
This is an application under Order XXII Rule 4 CPC for impleading the legal heir of Late Sh. Darshan Parkash, who was the proprietor of respondent No.1.
For the reasons mentioned in the application, which is duly supported by an affidavit of petitioner No.1, the same is allowed and Smt. Usha Gupta, wife of Late Sh. Darshan Parkash is ordered to be brought on record as the legal heir of Late Sh. Darshan Parkash.
Amended memorandum of parties is taken on record.
The Registry is directed to tag the same at an appropriate place.
CR-472-2025
The present revision petition is directed against the order dated 07.10.2024 (Annexure P-4) passed by the Court of learned Civil Judge (Junior Division), Rohtak vide which the application moved by respondent No.1/plaintiff under Order XXII CPC for impleading Smt. Usha Gupta as the legal heir of the plaintiff was allowed.
2. The facts, as emanating from the revision petition, are that a suit (Annexure P-1) for permanent injunction was filed by respondent No.1/plaintiff M/S National Hardware House through its proprietor Sh. Darshan Parkash. During the pendency of the suit, an application (Annexure P-2) for implea
Substituted legal heirs in a civil suit do not automatically acquire ownership; valid legal authority must be proven for property claims.
Procedural compliance is essential in civil litigation, and while courts may exercise discretion to overlook minor lapses, parties must follow established procedures to avoid abatement and ensure jus....
The amendment to Order 22 Rule 3 CPC rendered the 90-day limitation period inapplicable for impleading the legal representatives of a deceased plaintiff, as discussed in the case.
The main legal point established in the judgment is the interpretation of abatement of proceedings under Order XXII of the CPC and the liberal consideration of the prayer for setting aside the abatem....
The main legal point established in the judgment is the entitlement of Class-II legal heirs to be impleaded as the legal heirs of the deceased defendant, and the dismissal of applications by other cl....
Impleadment of legal heir – On death of defendant till his legal heirs are brought on record, suit/appeal remains in state of suspense and if court proceeds with matter that carries no legal effect –....
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