Dina Nath versus Shanti Devi (deceased) through LRs RSA No. 396 of 2016 06.08.2026 Present: Ms. Tamanna Sharma, Advocate, vice Ms. Rachna Kuthiala, Advocate, for the appellant. Mr. Neeraj Gupta, Senior Advocate with Mr. Harshit Sharma, Advocate, for proposed legal representatives No.1(ii)(a) & 1(ii)(b). None for proposed LRs No.1(ii)(c) & 1(ii)(d). CMP(M) No. 916 of 2025 Notice issued to the proposed legal representatives of No.1(ii)(c), received back after due service. Despite service, no one has put appearance. Further wait is not justifiable. By way of the present application, a prayer has been made to bring on record the proposed legal representatives of respondent No.1(ii)-Durga Ram, who, as per the application, expired on 19.09.2022, leaving behind his legal representatives; namely Desh Raj, Sandeep Kumar, Ms. Suman Devi and Ms. Kamla Devi, after condoning the delay and setting aside the abatement. In order to demonstrate the above fact, the legal heirs certificate, issued by the competent authority has also been relied upon, in which, names of all the four legal representatives have been mentioned. When put to notice, this application has been contested, by the proposed legal representatives No.1(ii)(a) and 1(ii)(b), on the ground that there is undue delay in moving the application, as the death certificate of Durga Dass has been obtained by the applicant on 6.10.2022, but, the application has been filed after a considerable time. In addition to this, a prayer has also been made that the estate of Shri Durga Dass has devolved upon his sons namely; Desh Raj and Sandeep Kumar. In this regard, they have relied upon the mutation No.1232 dated 12.1.2023. Despite notice issued by this Court, neither proposed legal representatives No.1(ii)(c) and 1(ii)(d) have opted to put appearance, nor, to contest the contents of the application, as well as, the stand as taken in the reply. As such, the application is allowed and after condoning the delay, the proposed LRs Desh Raj and Sandeep Kumar, are ordered to be brought on record, as respondents No.1(ii)(a) and 1(ii)(b). The application stands disposed of. RSA No.396 of 2016 Enabling the appellant to file amended memo of parties, list after four weeks. (Virender Singh) Judge August 06, 2026 (ps)