M/S JAIPRAKASH INDUSTRIES v. INDRI DEVI AND ANOTHER
CMP.M/322/2026 · 2026-03-19
Sushil Kukreja
body2018
DailyLaw.ai
[ 2018 DAILYLAW 2329 (HP) · dailylaw.ai ]
DailyLaw.ai
[ 2018 DAILYLAW 2329 (HP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
M/s J.P. Industries Vs. Indri Devi (deceased through LRs) & Ors.
RFA No. 104/2018 19.03.2026 Present: Mr. Mohinder Verma, Advocate, for the appellant. Mr. Virender Thakur, Advocate, for proposed LRs No. 1(a) & 1(b). Mr. B.N. Sharma, Additional Advocate General, for respondent No. 2/State. Mr. Anil Kumar God, Advocate, for respondent No. 3.
CMP(M) No. 322/2026 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, Indri Devi and for condonation of delay in filing the application. The application is duly supported by an affidavit of applicant, Chet Ram, death certificate of the deceased as well as legal heirs certificate. As per the applicant, respondent No. 4 has expired on 10.08.2025 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 obtain necessary documents and thereafter to prepare and file the application. Therefore, the delay, as occurred is neither intentional, nor willful, but was beyond the control of the
….2…. applicant and deserves to be condoned in the interest of justice. No reply to the application is intended to be filed and learned counsel for the non-applicant/appellant has no objection in case the same is allowed. 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, after setting aside the abatement, if any. Amended memo of parties, filed alongwith the application is ordered to be taken on record. The application stands disposed of. ( Sushil Kukreja ) Judge 19th March, 2026 (raman)