KANSHI RAM Vs. STATE OF H.P.

JUDGEMENT

(1.) CMP (M) No.476 of 2023 1. This application has been moved under Order 22 Rule 3 and 9 of the Code of Civil Procedure read with Sec. 5 of the Limitation Act for condonation of delay and for setting aside of abatement with a further prayer to bring on record the legal representatives of deceased petitioner.

(2.) The application is with the averments that the petitioner (Kanshi Ram) died on 8/1/2016. The applicants are stated to be his legal heirs detailed in para-2 of the application. They have prayed for bringing them on record in place of deceased petitioner. It has also been pleaded that the applicants became aware of the pendency of writ petition only in September, 2022, when some officials from the respondents-department visited their home and inquired about the deceased petitioner. This is the reason given for condoning the delay in moving the application. Reply to the application is not intended to be filed by the non-applicants. The non-applicants have no objection in allowing the prayer made in the application.

(3.) Taking into consideration the nature of litigation, the averments made in the application, the submissions of learned counsel for the parties and keeping in mind that the original petitioner had died during the pendency of petition, the instant application is allowed in the interest of justice. The applicants detailed in para-2 of the application i.e. CMP (M) No.476 of 2023, are ordered to be brought on record as petitioners No.1 (a) to (e). Registry is directed to carry out necessary corrections in the cause title.