2025:HHC:28634 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CMPMO No. 429 of 2023 Decided on: 25.08.2025 Saran Dass … Petitioner Versus Shri Shiv Ram and others … Respondents Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge. Whether approved for reporting?1 ___________________________________________________________________ For the petitioner : M/s Sheetesh Khanna and Yash Sharma, Advocates. For the respondents : M/s Baldev Singh Negi and Ashwani K. Negi, Advocates. Ajay Mohan Goel, Judge (Oral) CMP(M) No. 1477 and 1478 of 2025 & CMPMO No. 429 of 2023 By way of these two applications, a prayer has been made to bring on record the legal representatives of deceased- petitioner as well as for condonation of delay in filing the application. In terms of the averments made in the application, the sole petitioner is stated to have died on 27.03.2024. The reasons mentioned in the application as to why steps could not be taken either within the period of limitation or within some reasonable time thereafter are that after the demise of the petitioner, the legal representatives of the deceased-petitioner could not inform and contact the Counsel to further pursue the matter as they happened 1 Whether reporters of the local papers may be allowed to see the judgment? 2 2025:HHC:28634 to be from the rural background and simpleton rustic folks. 2. On the other hand, learned Counsel for the respondents has referred to order passed by this court on 18.04.2024 and submitted that on the said date, the Court was informed that the cause title has become defective as the petitioner was no more. Thereafter, more than a year has been taken by the applicant without any justification to take steps, which cannot be said to be a cogent explanation. Therefore, he prayed that in the backdrop of there being no cogent explanation in the applications for the delay to take steps, the applications deserve dismissal. 3. I have heard learned Counsel for the parties and carefully gone through the averments made in the application. 4. It is not in dispute that the factum of the death of the petitioner was recorded by this Court in its order on 18.04.2024, which order reads as under:- “The Court stands informed that the cause title has become defective as the petitioner is no more. Mr. Sheetesh Khanna, learned Counsel, submits that the matter be taken up after three weeks so that in the interregnum, needful can be done. List after three weeks.” 5. The applications to bring on record the legal representatives of deceased-petitioner and condone delay were filed 3 2025:HHC:28634 on 09.07.2025. There is a delay of more than a year and three months in filing the same. The only reason given is that the proceedings were not in the knowledge of the applicants and they could not contact and inform the Counsel to pursue the matter as they happen to be rustic villagers. 6. This Court does not finds this to be a reasonable explanation. This is for the reason that the Court has to strike a balance between the rights of both the parties. Herein, in the light of the fact that no steps have been taken by the legal representatives to substitute themselves in the proceedings for more than a year, obviously, the abatement has come into operation as the matter has been pending for more than 90 days after the death of the sole- petitioner without substitution of his legal representatives. Not only this, today the Court has been informed that the application to bring on record the legal representatives of deceased-plaintiff has been filed before the learned Trial Court only on 23.02.2025. Meaning thereby that even before learned Trial Court, the cause title as to today is defective. 7. Accordingly, this Court sees no reason to condone the considerable delay of more than a year in bringing the legal representatives of deceased-petitioner on record, and therefore, these applications are dismissed. 4 2025:HHC:28634 8. Consequently, the proceedings in the main petition also stand abated and the same are disposed of accordingly. For the purpose of adjudication of the civil suit, Registry is directed to forthwith transfer the record to the learned Trial Court. Pending miscellaneous application(s), if any also stand disposed of accordingly. (Ajay Mohan Goel) Judge August 25, 2025 (narender)