High CourtsSingle Bench(2024) 08 SIK CK 0060

Ongdi Sherpa vs Nim Temba Sherpa And Others

Sikkim High Court · Decided on 22 August 2024

HON’BLE JUDGES
Meenakshi Madan Rai, J
CASE NUMBER
I.A. No. 01 Of 2024 In Second Appeal From Judgment And Decree 46 Of 2024 (Filing No.)

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Judgment

9 paragraphs · 192 words

Meenakshi Madan Rai, J

Ms. Gita Bista, Learned Counsel enters appearance for the Respondents today.

I.A. No.02 of 2024 is an application for amendment of pleadings under Order VI Rule 17 of the Code of Civil Procedure, 1908 (hereinafter, the “CPC”), filed by the Applicant seeking amendment of the name of the father of the Respondents No.3 and 5 and impleadment of one Mingma Gyaltsen Sherpa, son of Dawa Temba Sherpa, as a Respondent in the present Appeal, under Order I Rule 10(2) read with Section 151 of the CPC.

It is submitted by Learned Senior Counsel for the Applicant that inadvertently the name of Mingma Gyaltsen Sherpa was not included in the Judgment of the Learned Trial Court, however he had appeared before both the Courts below consistently and was also represented by Counsel.

Learned Counsel for the Respondent has no objection to the prayer for amendment and impleadment.

Considered.

I.A. No.02 of 2024 is allowed and disposed of.

Let Registry take steps accordingly with the assistance of Learned Counsel for the parties for the amendments and insertion of the name of Mingma Gyaltsen Sherpa in the pleadings.

List on 11-09-2024.