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2019 DAILYLAW 2086 (HP)

Collector Land Acquisition v. Sangat Ram AND ANOTHER

CMP.M/1406/2025 · 2026-04-09

Sushil Kukreja

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Judgment text

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Collector, Land Acquisition vs. Sangat Ram and another RFA No.404 of 2019 09.04.2026 Present: Ms. Sugandh Verma, Advocate vice Ms. Shreya Chauhan,Advocate, for the appellant. Ms. Manjeet Kaur, Advocate vice Mr. Naveen K. Bhardwaj, Advocate, for proposed LRs No.1(a) & 1(b). Mr. B.N. Sharma, Mr. Manoj Chauhan and Mr. Raj Kumar Negi, Additional Advocates General with Mr. Ankush Thakur, Ms. Archna Negi and Mr. Balvinder Singh Ballu, Deputy Advocates General, for respondent No.2/State. CMP(M) Nos.1406 & 1407 of 2025 The instant applications under Order 22, Rules, 4 & 9 of CPC and Section 5 of the Limitation Act, have been filed by the applicant/appellant for bringing on record the legal representatives of deceased respondent, Sangat Ram, who has expired on 11.11.2023, after setting aside the abatement, if any. As per the applicant, deceased respondent, Sangat Ram has expired on 11.11.2023, leaving behind his legal representatives, as mentioned in Para-3 of the application. However, the delay in filing the application as occurred is neither willful nor intentional, but due to the reasons, which were beyond the control of the applicant, as such, the same deserves to be condoned and since right to sue always survives in favour of the legal representatives of deceased respondent, Sangat Ram, there is no impediment in bringing on record the aforesaid legal heirs and as such, the present application deserves to be allowed. No reply to the applications is intended to be filed on behalf of the non-applicants/respondents and have no objection, in case the same are 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, the same is hereby condoned. As right to sue still survives in favour of the legal representatives of deceased respondent, Sangat Ram, the legal representatives, as mentioned in Para-3 of the application, are ordered to be brought on record. Amended memo of parties filed along with applications, is ordered to be taken on record. The applications stand disposed of. RFA No.404 of 2019 Since the appeal stands already admitted, list for final hearing in due course. ( Sushil Kukreja ) Judge April 09, 2026 (reena)