High CourtsSingle Bench(2020) 08 SHI CK 0222

General Manager, Northern Railway vs Vishavjeet (Since Deceased) Through His Lrs. And Others

High Court Of Himachal Pradesh · Decided on 10 August 2020

HON’BLE JUDGES
Ajay Mohan Goel, J
RESULT
Disposed Of
CASE NUMBER
Regular First Appeal No. 412 Of 2014

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Judgment

17 paragraphs · 330 words

Ajay Mohan Goel, J

CMP No. 13754 of 2019

1.

Though this application has been filed by the proposed legal representatives of deceased respondent No. 1 and despite time having been granted to

the appellant, no steps have been taken to bring] on record the legal representatives of deceased respondent No. 1 by moving an appropriate

application under Order 22, Rule 4 of the Code of Civil Procedure, yet in the interest of justice, this application is allowed by ordering that the name of

deceased respondent No. 1 be substituted with his legal representatives, whose details are given in paraÂ2 of the application. Amended memo of

parties is taken on record. Application stands disposed of.

RFA No. 412 of 2014

2.

Notice to the newly added respondents. Ms. Anandita Sharma, learned counsel, accepts notice on behalf of the newly added respondents and on

her instructions, Mr. Ajay Sharma, learned Senior Advocate has put in appearance on behalf of the said respondents.

3.

Learned counsel for the parties ad idem that this appeal is squarely covered by the judgment of this Court as reported in General Manager Northern

Railway Vs. Om Prakash and others, 2017(2) Him. L.R.1009, as followed in RFA No. 94/2014 as well as in RFA No. 96 of 2015 and this appeal be

disposed of with the direction that the findings so returned by the CoÂordinate Bench in 2017(2) Him. L.R.1009, as followed in RFA No. 94/2014 as

well as in RFA No. 96 of 2015 shall mutatis mutandis apply to this appeal also.

4.

Accordingly, this appeal is disposed of with the direction that the findings returned by the CoÂordinate Bench of this Court in 2017(2) Him.

L.R.1009 as well as in RFA No. 94/2014 & RFA No. 96 of 2015 shall mutatis mutandis apply to this appeal also and all directions so issued by the

CoÂ​ordinate Bench shall be construed as having been issued in this appeal also. Miscellaneous applications, if any, also stand disposed of.