The Agriculture Service Co-operative Society Ltd. vs. Gurdial Singh RSA No.54 of 2014 02.01.2025 Present: Mr. Naresh Kaul, Advocate, for the appellant. Mr. Anirudh Sharma, Advocate, for proposed LRs No.1(a) to 1(d). CMP (M) No.425 of 2024 The instant application, under Order 22, Rule 4 & 9 read with Section 5 of the Limitation Act, has been filed by the applicant for bringing on record the legal representatives of deceased respondent, Gurdial Singh, who has expired on 17.01.2020, after setting aside the abatement, if any. As per the applicant, respondent, Gurdial Singh, has expired on 17.01.2020, leaving behind his legal representatives, as mentioned in Para-2 of the application, as Respondents No.2(a) to 2(d). 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, there is no impediment in bringing on record the aforesaid legal heirs and as such, the present application deserve to be allowed. No reply to the application is intended to be filed on behalf of the non-applicants/respondents and have no objection, in case the same is 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, the legal representatives, as mentioned in Para-2 of the application, as Respondents No.2(a) to 2(d), are ordered to be brought on record. The registry is directed to make necessary correction in the memo of the parties on the basis of amended memo of parties, annexed with the application. Amended memo of parties is ordered to be taken on record. The application stands disposed of. RSA No.54 of 2014 Since the appeal stands already admitted, list for final hearing as per it’s turn. ( Sushil Kukreja ) Judge January 02, 2025 (reena)