Research › Search › Judgment

High Court of Himachal Pradesh · body

2017 DAILYLAW 1521 (HP)

MS JAIPRAKASH INDUSTRIES v. HIRA LAL

CMP.M/1239/2026 · 2026-08-05

Sushil Kukreja

body2017

Judgment text

Extracted from the PDF above. The PDF is authoritative.

M/s Jaiprakash Associates Ltd. Vs. Hira Lal & Ors. RFA No. 245/2017 a/w Cross-Objections No. 106/2018 05.08.2026 Present: Mr. Mohinder Verma, Advocate, for the appellant. Mr. Virender Thakur, Advocate, for the proposed LRs of deceased respondent No. 1. Mr. Manoj Chauhan, Additional Advocate General, for respondent No. 2/State. Mr. Anil Kumar God, Advocate, for respondent No. 3/Ultra Tech. CMP(M) No. 1239/2026 The instant application, under Order 22, Rule 4, read with Section 151 of the Code of Civil Procedure and Section 5 of the Limitation Act, has been filed by the applicant for bringing on record the legal representatives of deceased respondent No. 1, Gopala and for condonation of delay in filing the application. The application is duly supported by an affidavit of the applicant, death certificate of the deceased as well as legal heirs certificate. As per the applicant, respondent No. 1 has expired on 05.02.2026 and left behind the legal representatives, as mentioned in para-3 of the application. However, the delay in filing the application has occurred, as it took considerable time to collect the requisite documents and immediately thereafter necessary steps for bringing on record his legal representatives have been taken. Therefore, the delay, as occurred is neither intentional, nor willful, but was beyond the control of the applicant and deserves to be condoned in the interest of justice. Heard. Taking into consideration the fact that the delay, as occurred, was beyond the control of the applicant and has been sufficiently explained in the application, as such, the same is condoned. As right to sue still survives in favour of the legal representatives of deceased respondent No. 1, the application is allowed and legal representatives, as mentioned in para-3 of the application are ordered to be brought on record. Amended memo of parties filed alongwith the application is ordered to be placed on record. The application stands disposed of. RFA No. 245/2017 Since the appeal already stands admitted, list for final hearing alongwith cross-objections in due course. ( Sushil Kukreja ) Judge 5th August, 2026 (raman)