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1939 DAILYLAW 2 (HP)

Jalap Ram v. STATE OF HP

CMP.M/355/2026 · 2026-03-25

Jiya Lal Bhardwaj

body1939

Judgment text

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Jalap Ram (deceased) through his LRs vs. State of H.P. and others CWPOA No.1939 of 2020 25.03.2026 Present: Mr. Naveen K. Bhardwaj, Advocate, for the petitioners. Mr. Hemant Kumar Verma, Deputy Advocate General, for the respondents-State. CMP(M) Nos.355 and 356 of 2026 By way of these applications, the applicants have prayed for their substituion in place of the petitioner, who died on 06.08.2018. The applicants have also .led an application for condonation of delay in bringing the legal heirs on record and for setting aside the abatement. As per the application being CMP(M) No.356 of 2026, the applicants have already .led an application for bringing on record the legal heirs of deceased-petitioner before the erstwhile H.P. Administrative Tribunal at Shimla on 24.05.2019. They have also placed on record the receipt of .ling dated 24.05.2019, in this regard. It is submitted that learned counsel for the applicant was under the impression that the said application was on record, but when the petition was listed on 20.12.2025, it came to his notice that the application for bringing on record the legal heirs of the deceased-petitioner was not on record. Keeping in view the above, coupled with the fact that the case has to be decided on the basis of merit and not on technical grounds, the application for bringing on record the applicants as legal representatives of deceased-petitioner is allowed and the applicants are ordered to be brought on record. The delay in .ling the application is also condoned and the abatement is set aside. The applications are accordingly disposed of. The amended memo of parties .led with the applications be placed at an appropriate place. CWPOA No.1939 of 2020 Learned Deputy Advocate General prays for and is granted four weeks’ time to .le supplementary a9davit in terms of order dated 20.12.2025. List for consideration on 29.04.2026. March 25, 2026 ( Jiya Lal Bhardwaj ) (ankit) Judge