Prem Kumar Vs. Tek Chand RSA No. 386 of 2018 16.06.2026 Present: Mr. Piyush Chandel, Advocate, vice Mr. Ashok Kumar Verma, Advocate, for the applicant/ appellant. Mr. Bimal Gupta, Sr. Advocate, with Ms. Kusum Chaudhary, Advocate, for the respondent /non-applicant. CMP(M) Nos. 571 and 572 of 2026 The instant applications have been filed by the applicant(s) for condonation of delay and for bringing on record the legal representatives of deceased appellant Prem Kumar. It has been averred in the applications that deceased appellant Prem Kumar had died on 31.07.2024 and the copy of death certificate is being annexed as Annexure A-1. It has further been averred that after the death of appellant Prem Kumar, the counsel earlier representing him was duly informed about the factum of death of the appellant and documents pertaining to his death were also supplied to him to bring on record the legal representatives of deceased Prem Kumar, but the counsel did not take the appropriate steps. It has been averred that present applicant in the month of February, 2026, visited the office of counsel at Shimla and they came to know that the counsel representing the deceased appellant had also died in the year 2025. Thereafter, the applicants collected the brief of the appeal and came to know that the said counsel had not taken appropriate steps to bring on record the legal heirs of deceased appellant. Therefore, it has been prayed that the delay in filing the application is neither intentional nor willful, but the same has occurred due to unavoidable circumstances. Learned counsel for the non-applicant has no objection, in case, the applications are allowed. Consequently, in view of the averments as made in the applications, which are duly supported by affidavits, the same are allowed and after condoning the delay in filing the application, legal representatives, as mentioned in para-5 of application i.e. CMP(M) No.571 of 2026, are ordered to be brought on record, subject to all just exceptions and abatement is ordered to be set aside. Accordingly, applications stand disposed of. RSA No. 386 of 2018 Amended memo of parties already stands filed and the same is taken on record. List in due course. ( Romesh Verma ) Judge 16th June, 2026 (sushma)