Himachal Pradesh High Court
Surat Naik vs . Sheetal Naik & Ors. on 6 June, 2025
Author: Vivek Singh Thakur
Bench: Vivek Singh Thakur
Surat Naik Vs. Sheetal Naik & Ors.
CMP(M) No.34 of 2025
06.06.2025 Present: Mr. Vijay Chaudhary, Advocate, for the appellant.
Mr. Vijay Mokhta, Advocate, for respondent No.1.
Respondent No.2 stands deleted.
CMP(M) No.34 of 2025
This application has been filed for condonation of
delay in filing the appeal.
In memo of parties Ram Singh @ Luckey has been
arrayed as party as respondent No.2, whereas the said Ram
Singh had already been deleted by MACT, vide order dated
17.12.2021 during pendency of claim petition before the
MACT. The person(s), who stand deleted before the Trial Court
cannot be arrayed as a party again in the Appellate Court and
other proceedings of next Court, for their already deletion
before the Trial Court.
Faced with the aforesaid situation, learned counsel
for the applicant submits that Ram Singh @ Luckey has been
arrayed as a party as the Registry has raised objection to
array respondent No.2 on the basis of memo of parties in the
impugned award.
The plea taken by the learned counsel as well as
raised by Registry is misconceived as Ram Singh @ Luckey,
though has been shown as respondent No.2 in the memo of
parties in the impugned award, stands deleted vide order
dated 17.12.2021 by the Trial Court. Once he was deleted in
the year 2021, how and under what provision he can be
arrayed as party in the appeal proposed to be preferred in the
year 2024/2025 as he has been arrayed as party respondent
in application as well as proposed appeal.
Registrar (Judicial) is directed to look into the matter
and issue necessary instruction in this regard, as it has been
found that in large number of cases either dead person or
persons, who stood deleted before the Trial Court, are being
arrayed as party, resulting into creating mess at the time of
service as well as referring the parties.
With the aforesaid observation, for the reasons
stated in the application, submissions made by learned
counsel for the applicant and considering the documents filed
with the application, delay in filing the appeal is condoned.
The appeal be registered.
The application stands disposed of.
FAO(MVA) No.________ of 2025 (FA0ST58471/24)
Be registered.
Record be requisitioned.
Parties are duly represented. Therefore, no post
admission notice is required to be issued.
Amended memo of parties in terms of aforesaid
even dated order passed in CMP(M) No.34/2025 be filed within
one week, reflecting respondents No.1 and 3 as respondents
No.1 and 2, by giving note in the bottom of memo of parties
by assigning reasons that Ram Singh has not reflected as
party in appeal/application, as the case may be, because he
has already been deleted by MACT.
List for hearing after completion of record in due
course.
(Vivek Singh Thakur)
Judge
June 06, 2025
(Shamsh Tabrez)
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