STATE OF H P Vs. BRIJ PAL SINGH

JUDGEMENT

(1.) The demise, of, one Brij Pal Singh, arrayed as sole respondent, in RFA No. 36 of 2015, occurred on 31.1.2017, as becomes unraveled by paragraph-3, of, CMP(M) No. 554 of 2020, hence his demise occurred during the pendency, of, the extant appeal, before this Court. On 7.8.2018, an intimation was made to this Court, vis- -vis, the demise, of, the afore, occurring, during the pendency, of, the extant appeal, before this Court, and, on the afore date, an order was made upon the learned Additional Advocate General, to take requisite steps, for begetting his substitution, by his LRs. However, since then, upto 3.10.2019, no steps were taken, for the afore purpose, by the learned Addl. A.G., and, hence on 3.10.2019, an order was made, qua, for want, of, the afore steps, becoming taken, the appeal being dismissed for non-prosecution. Dehors, the afore, CMP(M) No. 554 of 2020, CMP(M) whereof, is, an application, for condoning, the, afore delay, becomes instituted, before this Court, and therewith becomes appended, an application, cast under the provisions, of, Order 22 Rule 4 and 9 CPC, (a) with a prayer therein, for, after setting aside abatement, if any, and thereafter, for, ordering, the, bringing on record, the, LRs, of, the afore deceased, by his enumerated therein LRs, namely one Aditya Singh, and, one Vikram Singh. Consequently, faced with the afore made endeavour, of, the appellant, conspicuously, after an order, becoming recorded, on, 3.10.2019, where through, for want, of, the afore steps, becoming taken, despite, several opportunities, becoming afforded, to, the appellant, the apposite appeal became dismissed, for non-prosecution, (ii) thereupon, the effects, of, the afore made order, is, to be tested with, vis- -vis, (a) the mandate, embodied in Order 17 Rule 3 CPC, provisions whereof are extracted hereinafter:

(2.) Be that as it may, a reading, of, the enshrining(s), borne in Order 22 Rule-4 CPC, provision(s), whereof are extracted hereinafter;

(3.) In aftermath, the genre of, the afore order, attracts thereon, an apt construction, vis- vis, it being an order, of, abatement, of, an appeal, and thereons, the, mandate, of, Rule4, of, order 22, being applicable.