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High Court of Himachal Pradesh · body

2025 DAILYLAW 14302 (HP)

STATE OF HP AND OTHERS v. Heera Singh

CMP.M/943/2024 · 2025-05-06

Gurmeet Singh Sandhawalia, Ranjan Sharma

body2025

Judgment text

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State of Himachal Pradesh & Others versus Heera Singh CMP(M) No.943 of 2024 [Item No.D-5] 06.05.2025 Present: Mr. Rakesh Dhaulta, Additional Advocate General, for the applicants-State. CMP(M) No.619 of 2025 & CMP(M) No.620 of 2025 An application being CMP(M) No.619 of 2025 under Order 22 Rules 4 & 9 read with Section 151 of the Code of Civil Procedure has been filed for bringing on record legal representatives of deceased respondent [Heera Singh], who passed away on 28.03.2023 and his legal representatives have been mentioned in paragraph No.3 of the application. 2. Another application being CMP(M) No.620 of 2025 has also been filed for condonation of delay of 623 days’ in filing the application for bringing on record the LRs’ of deceased respondent [Heera Singh] and also for condonation of delay in filing LPA on the ground that the factum of death of respondent came to their knowledge on 03.01.2025, when the office of Advocate General has received communication to bring on record the LRs of deceased respondent. 3. Keeping in view the averments made in the application for condonation of delay, duly supported by an affidavit of the official, we are of the opinion that sufficient cause has been made out to condone the delay. Therefore, delay of 623 days’ in filing the application for bringing on record LRs of deceased respondent, is condoned. 4. Resultantly, the application for bringing on record the LRs’ of deceased respondent, which is also duly supported by an affidavit is allowed keeping in view the averments made therein, subject to all just exceptions and only for the purpose of pursuing the present litigation. 5. Consequently, the LRs’ of deceased respondent are ordered to be brought on record as respondent No.1(a) to respondent No.1(c). Necessary corrections in the Memo of Parties be made accordingly. Amended Memo of Parties already filed is ordered to be taken on record. Accordingly, both these applications are allowed and disposed of. CMP(M) No.943 of 2024 6. In view of the above order and also keeping in view the averments made in the application for condonation of delay, duly supported by an affidavit of the official, we are of the opinion that sufficient cause has been made out to condone the delay. Therefore, delay of 195 days’ in filing the appeal, is condoned. The application stands disposed of. Appeal be registered. LPA No.216 of 2025 7. Vide separate detailed judgment of even date, the Appeal stands disposed of. (G.S. Sandhawalia) Chief Justice (Ranjan Sharma) Justice May 06, 2025 (Shivender/Bhardwaj)