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2014 DIGILAW 1928 (HP)

Prem Chand v. Ramesh Chand

2014-12-17

SANJAY KAROL

body2014
JUDGMENT : Sanjay Karol, J. Undisputedly during the pendency of trial, plaintiff, Smt. Lajwanti @ Lajja Devi, respondent No.3 herein, expired which fact was not brought to the notice of the trial Court and without impleading her LRs, judgment and decree dated 13.1.2011 was passed in Civil Suit No.140/90, titled as Ramesh Chand and others v. Prem Chand and others. Even before the learned Appellate Court, such fact was not brought to notice, which resulted into passing of impugned judgment and decree dated 28.2.2014 in Civil Appeal No.105 of 2012/11, titled as Prem Chand and others v. Ramesh Chand and others. 2. In view of law laid down by this Court in Dewana and another v. Gian Chand Malhotra and others, 2012 (1) Shim. LC 218, wherein under similar circumstances, relying upon earlier decision of this Court, judgment and decree passed by the trial Court as also appellate Court were quashed and set aside, appeal has to be accepted As such, impugned judgments and decree dated 13.1.2011 passed in Civil Suit No.140/90, titled as Ramesh Chand and others v. Prem Chand and others and 28.2.2014 passed in Civil Appeal No.105 of 2012/11, titled as Prem Chand and others v. Ramesh Chand and others, are quashed and set aside. 3. Civil Suit No.140/90 is restored to its original number and position. Parties are directed to appear before the trial Court on 4.3.2015. Mr. T.S. Chauhan, learned counsel for the respondents undertakes to take all necessary actions, in accordance with law, within a period of four weeks from today. Parties undertake to cooperate. Trial Court shall conclude the proceedings, in accordance with law, expeditiously and preferably within a period of three months from the next date of hearing. With the aforesaid observations, present appeal stands disposed of, so also, pending applications, if any. Appeal disposed of.