IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CMPMO No. 476 of 2009. Date of decision: 20.4.2011. Himachal Pradesh Housing Board …Petitioner. Versus R.P. Kalia & Ors. …Respondents. Coram The Hon’ble Mr. Justice Deepak Gupta, J. Whether approved for reporting?1 No. For the petitioner: Mr. S.C. Sharma, Advocate. For the respondents 1,2 & 4: None. For the respondent No.3: Mr. Ramakant Sharma, Advocate. Deepak Gupta, J. (Oral) 1. This petition is directed against the order dated 26.3.2009 whereby the suit filed by the Housing Board against the respondent/defendant-R.P. Kalia was dismissed as having abetted. 2. The grievance of the Housing Board is that either the abatement should have been set aside or liberty should have been granted to the Housing Board to file a fresh suit against the legal heirs of deceased-R.P. Kalia. 1 Whether the reporters of local papers may be allowed to see the Judgment? Yes. : 2 : 3. It is obvious that no party can be left remediless. It is not the case of the respondent that the plaintiff-Housing Board did not take steps in time to bring on record the legal representatives or to set aside the abatement. Therefore, the order dated 26.3.2009 is modified to the extent that the said order will not come in the way of the Housing Board and the petitioner-Housing Board is at liberty to file a fresh suit against the legal heirs of R.P. Kalia on the same cause of action. With these observations, the petition is disposed of. No costs. (Deepak Gupta) Judge April 20, 2011. (Krn guleria)