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High Court of Himachal Pradesh · body

2025 DAILYLAW 19383 (HP)

SANJAY SEN v. HIRA LAL (DECEASED THROUGH LRs YASHWANT) AND AND ANOTHER

CRMPM/1830/2025 · 2025-09-09

Rakesh Kainthla

body2025

Judgment text

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Sanjay Sen Vs. Hira Lal (since deceased) through LR& Anr. Cr.MP(M) No. 1830 of 2025 Reserved on: 25.08.2025. 09.09.2025 Present: Mr. Sudhir Bhatnagar, Advocate, for the applicant/petitioner. The applicant/petitioner has filed the present application to condone the delay of 34 days in filing the present revision. It has been asserted that the applicant obtained the copy of the order and he approached the learned Counsel on 08.04.2025. Learned counsel advised the applicant to bring the complete file from the counsel representing him before the learned Trial Court. On 09.04.2025, the left foot of the applicant got twisted and he had to stay in his home for two months. He came to Shimla on 25.07.2025 and filed the revision. The delay in filing the revision occurred due to circumstances beyond the applicant’s control. Therefore, it was prayed that the present application be allowed and delay of 34 days in filing the revision be condoned. An application bearing Cr.MP No. 3628 of 2025 was also filed annexing the certificate issued by the Bharti Massage Center in favour of the applicant. 2 Mr. Sudhir Bhatnagar, learned counsel for the applicant submitted that the applicant was unable to approach Shimla due to sprain in his ankle. This circumstance was beyond the control of the applicant; therefore, he prayed that the present application be allowed and the delay of 34 days in filing present revision be condoned. I have given considerable thought to his submissions made at the bar and have gone through the records carefully. The application is duly supported by an affidavit and there is no reason to disbelieve the averments made it . Further, the certificate issued by the Bharti Massage Center shows that the applicant was treated in Bharti Massage Center, therefore, he could not have filed visited Shimla to file the present revision and had a reasonable cause for not filing the application within the limitation. In view of the above, the present application is allowed, and 34 days’ delay in filing the revision is ordered to be condoned. The present application stands disposed of. 3 Cr. Revision No. ___ of 2025 (Cr.R ST No. 6937 of 2025) Since the delay in filing the revision has been condoned vide order passed in Cr. MP(M) No. 1830 of 2025, hence, the present revision be registered. List the matter for consideration on 16th September, 2025. (Rakesh Kainthla) Judge 09th September, 2025 (ravinder)