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High Court of Himachal Pradesh · body

2024 DAILYLAW 828 (HP)

STATE OF HP AND OTHERS v. DINESH KUMARI

CMP.M/153/2025 · 2026-07-29

Bipin Chander Negi, Gurmeet Singh Sandhawalia

body2024

Judgment text

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. Item No. D-13 State of Himachal Pradesh and others Vs. Hem Raj a/w connected matter. LPA No. 86 of 2024 a/w CMP.M No. 153 of 2025. 29.07.2026 Present: LPA No. 86 of 2024 Mr. Pranay Pratap Singh, Additional Advocate General, for the appellants. Mr. Roop Lal Chaudhary, Advocate, for respondents No.1 to 8, 10 to 54, 56 to 74, 77 to 81, 83 to 116, 118 to 137, 139 to 154, 156 to 178, 180 to 186, 189 to 203, 205 to 212, 214 to 227, 228(1), 228(4), 228(5) to 228(16), 228(18) to 228(22), 229 (1 to 9), 229 (11 to 15) and 229 (16 to 27). Respondents No.229(10) and 213 are stated to have expired. CMP.M No. 153 of 2025 Mr. Pranay Pratap Singh, Additional Advocate General, for the appellants. Mr. Roop Lal Chaudhary, Advocate, for the respondent. CMP.M No. 1184 of 2026 and 1185 of 2026 in LPA No. 86 of 2024 An application under Order 22, Rules 4 and 9 of the Civil Procedure Code to bring on record the legal representatives of deceased respondent No. 229 (10), who is stated to have expired on 07.02.2025, has been filed alongwith an application for condonation of delay in filing the said application. 2. Keeping in view the averments made in the application for condonation of delay, duly supported by an affidavit of the official, delay of 350 days in filing the application i.e. application filed under Order 22, Rules 4 and 9 of the Civil Procedure Code, is condoned. 3. Keeping in view the averments made in the application filed under Order 22, Rules 4 and 9 of the Civil Procedure Code, the same is allowed. Legal representatives of deceased respondent No. 229 (10) are impleaded as respondents No.229(10) (a) and 229 (10)(b). 4. Applications stand disposed of accordingly. LPA No. 86 of 2024 5. Amended memo of parties be filed by the counsel for the State, by or before the next date of hearing. 6. Issue notice to newly impleaded respondents No.229(10) (a) and 229 (10)(b), returnable for 21.09.2026, on taking steps within one week. 7. As per Office report, notices issued to respondents No.155, 187, 188, 228(2), 228(3) and 228 (17) are still awaited. Fresh notice be issued for the next date of hearing. 8. It is also pointed out that respondent No.213 namely Smt. Usha Devi, is stated to have expired. 9. Counsel for the State prays for time to file appropriate application in this regard. CMP.M No. 153 of 2025 10. Keeping in view the averments made in the application, duly supported by an affidavit of the official and the fact that the connected matter i.e. LPA No. 86 of 2024 arising out of the same judgment, had already been registered, delay of 376 days in filing the present appeal is condoned. 11. Application stands disposed of accordingly. LPA No. ____ of 2026 12. Appeal be registered. 13. List both the appeals on 21.09.2026. (G.S. Sandhawalia) Chief Justice (Bipin C. Negi) Judge July 29, 2026 (Shivank Thakur)