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2026 Supreme(Online)(P&H) 82848
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Vikas Bahl, J
RAMJI LAL – Appellant
Versus
CHUNI LAL – Respondent
RSA No.523 of 1992 (O&M)
For the Appellants/Petitioners: Sanjay Mittal
For the Respondents: Hari Pal, Manuj Chadha, Pooja Sareen
An appeal may be disposed of when the appellant fails to comply with court directions to implead legal representatives of deceased parties and ensure service of notices, provided liberty is granted to revive the appeal if a cause survives.
Headnote:(A) Civil Procedure - Impleadment of Legal Representatives - Failure to take requisite steps to bring legal representatives of deceased parties on record and failure to ensure service of notices despite multiple opportunities - Appeal liable to be disposed of with liberty to revive. (Para 2, 3, 4)
Issues: Whether the appeal should be disposed of due to the appellants' failure to implead legal representatives and effect service upon respondents.
| Table of Content |
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| 1. procedural failure to implead legal representatives and serve notices. (Para 1 , 2 , 3) |
| 2. disposal of appeal with liberty to revive upon compliance. (Para 4 , 5 , 6) |
VIKAS BAHL, J. (ORAL)
1. Defendants are in appeal. The suit filed by the respondents for declaration and permanent injunction was decreed by the trial Court and the appeal filed by the present appellants was dismissed. There is no stay in favour of the appellants and the matter has been pending since 1992.
2. On 23.04.2024, a coordinate Bench of this Court was pleased to passed the following order:
“Present: Mr. Ravi Ambawata, Advocate for
Mr. Sanjay Mittal, Advocate for the appellants.
Ms. Aashna Aggarwal, Advocate for the applicant (in CM-9501-C-2023).
Mr. Manuj Chadha, Advocate for the respondents.
1. Registry of this Court has informed that, during pendency of the instant regular second appeal, the demise of appellants No.1, 4 & 5. and, of respondents No.8, 9, 10, 17, 18 & 19, has occurred, however, no efforts have been made by the learned counsels concerned to implead the respective LRs of the deceased appellants and respondents concerned.
2. This Court had, on 13.03.2024, granted opportunity to the learned counsel appearing then for the appellants to take all the requisite steps for bringing on record the LRs of the deceased parties, however, no steps have been taken in this regard. Therefore, in order to ensure continuation of the lis, the learned counsel for the appellants is granted another opportunity to take all the requisite steps for ensuring substitution of the deceased appellants and respondents concerned by their respective LRs.
3. Registry of this Court has also informed that, for want of correct particulars/addresses, notices issued to respondents No.3, 4, 5, 6, 11 to 14 could not be served.
4. Therefore, the learned counsel appearing for the appellants is directed to take all the requisite corrective measures for causing valid service upon the unserved respondents (supra).
5. List on 30.07.2024.
April 23, 2024”
3. In spite of several dates, the compliance of the said order has not been made.
4. Learned counsel for the appellants has fairly submitted that in the said circumstances, the present appeal be disposed of but liberty be granted to the appellants to revive the same after complying with the order in case any cause survives.
5. Disposed of with aforesaid liberty.
6. Pending applications, if any, stand disposed of.
