Paras Ram (deceased) through his LRs vs. Usha Devi & others. RSA No.370 of 2019 17.03.2026 Present:Mr. Kush Sharma, Advocate, for the appellant. Mr. Pritam Singh Chandel, Advocate, for respondent No.1. CMP(M) No. 1636 and 1637 of 2025 By medium of CMP(M) No.1637 of 2025, the applicants have sought condonation of delay in filing an application CMP(M) 1636 of 2025 for bringing on record the legal representatives of deceased Sh. Nand Lal. It has been averred in CMP(M) No. 1637 of 2025 that the above mentioned Regular Second Appeal was dismissed in default on 20.08.2021. It is further averred that the present applicants came to know about the said order after the death of Sh. Nand Lal, who has expired on 06.11.2024 and the same is clear from the perusal of the death certificate appended with the application as Annexure A-3. It has been mentioned that the legal heirs as mentioned in para 2 of the application are only legal representatives and there is no other legal heir of the deceased. Since the averments made in the applications are duly supported by afÏdavits, therefore, the present applications are allowed and after condoning the delay, the legal representatives of deceased appellant, details whereof have been given in para 2 of the application bearing CMP(M) No. 1636 of 2025, are ordered to be brought on record as appellants No. 1(a) to 1(d). Abatement, if any, is also set-aside. Registry is directed to make necessary corrections in the cause title. Amended memo of the parties as filed by the applicants/appellants is ordered to be taken on record subject to corrections. CMP No.22287 of 2025 & CMP(M) No. 1635 of 2025 The present applications have been filed by the present applicants for restoration of the Regular Second Appeal which was dismissed in default vide order of this Court on 20.08.2021. It has been averred in the application that the aforesaid appeal was listed before this Court on 09.08.2019, whereby notices were issued for the service of the respondents and the parties were directed to maintain status quo qua the nature and possession of the suit land. It is further averred that the appeal was listed before this Court on 20.08.2021, when none appeared for the applicants and consequently the appeal was dismissed in default for non prosecution and the copy of the order dated 20.08.2021 has been placed on record. The applicants have assigned the reasons in the application bearing CMP(M) No. 1635 of 2025 for condonation of delay in filing the application under Order 9 Rule 9 C.P.C for restoration of Regular Second Appeal . It is averred in the application bearing No. CMP(M) No. 1635 of 2025 that the present applicants were not having the knowledge of the status of the pending cases including present Regular Second Appeal. It has further been averred that it is only after the death of deceased husband of applicant namely Nand Lal that applicants came to know about the pendency of the case in hand. It is further averred in the application that the applicants were not having contact number of the counsel therefore, they could not contact immediately. After the death of deceased Nand Lal,the family was in great stress and mental tension, therefore, even after knowing the factum of the Regular Second Appeal, steps could not be taken promptly and diligently. It is further averred that the applicant came to Shimla to inquire about the case and they came to know that the preset appeal has been dismissed in default vide order dated 20.08.2021. The applicants immediately engaged new counsel in order to file the present application for restoration of the case and the same was filed without any further delay in the matter. It has further been submitted that the applicants were not knowing the intricacies of law and they were not having the knowledge that appropriate steps have to be taken after the death of deceased Sh. Nand Lal. In this back ground, the applicants have submitted that from the date of knowledge, the present application bearing No. CMP(M) No. 1635 of 2025 is within the period of limitation. However, in case it is calculated from the date of dismissal order passed by this Court then there is considerable delay in filing the present application. In order to substantiate their contentions the applicants have placed on record the medical record of late Sh. Nand Lal. It is contended by the learned counsel for the applicants that since the judgment and decree as passed by the learned First Appellate Court is against them. There was no occasion to have not pursued the present matter. On the other hand, learned counsel for the non applicants has submitted that the applicants were knowing the fact about the Regular Second Appeal and the contentions and averments as made in the applications are false, frivolous and imaginary and since there is considerable delay in filing the application and therefore, the same is deserves to be rejected. Reply on behalf of the respondent No.1 to the application filed by the appellant(s) under Order 9 Rule 9 C.P.C read with Section 151 C.P.C for restoration of the Regular Second appeal and Section 5 of the Limitation Act has been filed. I have heard the learned counsel for the parties and have perused the contents of the application in detail. From the averments as made in the application, it has been contended that the applicants were not knowing about the filing of any Regular Second Appeal by their predecessor Sh. Nand Lal before this Court and the said fact is supported by an afÏdavit. The applicants have submitted that they came to know about the Regular Second Appeal only after the death of their predecessor Sh. Nand Lal and thereafter immediately prompt action was taken by obtaining the necessary papers filed with the present applications within the period of limitation from the date of knowledge. In view of the averments and the documentary record including the medical record placed on record though there is considerable delay in filing the application. However, in the interest of justice and keeping in view the fact that the applicants are residing at Delhi and they were not aware about the pendency/filing of the Regular Second Appeal before this Court, subject to payment of cost of Rs. 25,000/- to the respondents, the present applications are allowed and after condoning the delay in filing the application bearing CMP(M) No. 1635 of 2025, the present Regular Second Appeal is restored to its original number. Both the applications stand disposed off. RSA No. 370 of 2019. It is made clear that in case the cost of Rs.25,000/- is not paid to the respondents on or before 01.04.2026, then the order dated 20.08.2021 shall be revived. Learned counsel for the respondents is directed to supply the details of account number to the learned counsel for the applicants for doing the needful. List on 01.04.2026. ( Romesh Verma) Judge March 17, 2026 ( veena)