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2025 Supreme(Online)(HP) 8123

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Ajay Mohan Goel, J
Madan Lal H – Appellant
Versus
Ms. Parul Kapil & others – Respondent


For the Appellants/Petitioners:Mr. Bhuvnesh Sharma, Senior Advocate, with M/s Shekhar Badola and Rupesh Kumar, Advocates
For the Respondents:Mr. Bhupender Gupta, Senior Advocate, with Mr. Ajeet Pal Singh Jaswal, Advocate, for respondents No.1 and 2

Ajay Mohan Goel, Judge (Oral)

H By way of this petition, the petitioner has assailed order dated 23.04.2019, passed by the Court of learned Senior Civil Judge, Nadaun, District Hamirpur, H.P. (Annexure P-3), in terms whereof, an application filed under Order 9, Rule 4 read with Rule 9 of the Civil Procedure Code was allowed by the learned Trial Court.

2. Brief facts necessary for the adjudication of the present petition are that a civil suit was filed by the respondents and their

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

mother, which was dismissed for non-prosecution. The contesting respondents herein were the minor plaintiffs in the said civil suit. An application was filed for restoration of the cHivil suit by Ms. Parul Kapil and Master Sahil Kapil, through Ms. Parul Kapil, praying for the restoration of the suit by setting afside the order of dismissal, dated 11.06.2010. It was mentioned in the application that in the said civil suit, which was a suit for specific performance of contract, they were being represented through their mother as their next friend, however, as their interest was not protected by their mother who was careless in executio

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