Lekh Raj v. Tirath Ram alias Chand Ram (DECEASED THROUGH LRs KAUSHALYA DEVI ALIAS KALI DEVI AND OTHERS
CMP.M/893/2024 · 2026-04-08
Romesh Verma
Review Petitionbody2024
DailyLaw.ai
[ 2024 DAILYLAW 421 (HP) · dailylaw.ai ]
DailyLaw.ai
[ 2024 DAILYLAW 421 (HP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Lekh Raj vs. Tirath Ram (deceased) through LRs CMP(M) No. 893 of 2024 in RSA (Filing No.) 14941 of 2024 and CMP(M) No. 914 of 2024 in RSA (Filing No). RSA/16524/24 08.04.2026 Present:Ms. Rashmi Bharali, Advocate, vice Mr. Arush Matlotia,Advocate, for the applicant(s) in both the cases. Mr. Ashok K. Tyagi, Advocate, vice Mr. Sanjeev Suri Advocate, for respondents No. 1(ii) and 1(iii) in both the cases Respondent No.1(i) is proceeded against ex-pare. The present applications have been filed for condonation of delay in filing the present appeals. As per averments as made in the applications it has been averred that the impugned judgment was passed by the First Appellate Court on 31.12.2021 and the copy of the same was applied on 14.02.2022 which was delivered on 14.2.2022 itself. It has been stated that after passing of the impugned judgment, the present applicant (s) had preferred review petition against the said judgment on 21.02.2022 and the same was dismissed on 11.12.2023 . Since there was a gap with respect to the steps taken by the applicant(s) from 11.12.2023 to 12.5.2024, when the present appeal was filed, the applicant was directed to file supplementary affidavit. In the supplementary affidavit, explanation has been given by the applicant that he collected the record alongwith certified copy of the judgment passed in the review petition, in the 2nd week of January,2024. Thereafter the applicant(s) consulted an Advocate, who is residing in his village and on his advice, the certified copy of the judgment dated 21.12.2016 passed in Civil Suit No.207/16/12 and counter claim No. 208/16/12, titled as Lekh Raj vs. Tirth Ram was applied and the same was delivered on
15.02.2024. Further it has been stated that after completion of the record the applicant(s) took leave from his employer and thereafter went to Mandi and consulted and took legal advice from different counsels at Mandi, who advised him to file the present Regular Second Appeal. The present applications have been contested by the present non-applicant.
I have heard the learned counsel for the parties and have gone through the record of the case file From the averments as made in the application (s)which are duly supported by an affidvit and the contentions as made in the supplementary affidavit dated 31.03.2026, the applicant(s) has been able to estabalish that the delay in filing the present appeal(s) is reasonable and plausible, therefore, the present applications are allowed and the delay in filing the present appeal(s) is condoned. Appeals be registered. Applications stand disposed off. RSA (Filing No.) 14941 of 2024 and RSA (Filing No). RSA/16524/24 List for admission after two weeks
In the meantime, record of the case be summoned. ( Romesh Verma)
Judge
April 08, 2026 ( veena)