Sansar Chand vs. Parshotam and others CMP No. 21267 of 2024 in CMP(M) No. 880 of 2018 06.06.2025 Present: Mr. Vikrant Chandel, Advocate for the applicant/appellant. Respondent No.1 is proceeded ex-parte. Mr. Sanket Sankhyan, Advocate vice Mr. Mandeep Chandel, Advocate, for respondents No. 3, 5 and 6. Respondent No.4 is stated to have died. CMP (M) No. 875 of 2025 This application has been filed for deletion of name of respondent No.4 Roshani Devi on the ground that she has expired on 20.10.2015. To substantiate this plea, copy of death certificate of deceased Roshani Devi has also been placed on record. It has been submitted that all surviving legal heirs of deceased Roshani Devi are already on record as appellant Sansar Chand, respondent No.3 Tilak Raj, respondent No.5 Saina Devi and respondent No.6 Nirmla Devi. It has been further submitted that right to sue and to be sued survives in present matter as all legal heirs of deceased Roshani Devi are already on record and therefore, her name deserves to be deleted from the array of parties for updating the record. Considering the submissions of learned counsel, name of respondent No.4 Roshani Devi is ordered to be deleted from the array of parties. Application stands allowed and disposed of. CMP(M) No. 1789 of 2024 in CMP No. 21267 of 2024 This application has been filed for condonation of delay in filing the application for restoration of CMP(M) No. 880 of 2018, which has been dismissed in default as well as for non-prosecution vide order dated 1.11.2022 passed by this Court . It has been submitted by learned counsel for applicant that on 1.11.2022, learned counsel appearing for applicant could not mark the case in cause list and resultantly, neither he nor anybody else appeared on behalf of applicant/appellant and accordingly, application CMP(M) No.880 of 2018 was dismissed in default as well as for non- prosecution. It has been submitted that applicant has approached his counsel in the last week of August, 2023 for inquiring the status of his case and probable date of listing of the matter. Whereupon, learned counsel for applicant/appellant checked about the status of case on Website of the High Court of Himachal Pradesh and came to know that application, filed for condonation of delay in filing the appeal, stands dismissed on 1.11.2022. It is further case of applicant that immediately, thereafter applicant was called by Advocate to Shimla and application was prepared on 31.8.2023 and filed in the Registry in the month of September, 2023. It is further submitted by learned counsel for applicant that due to inadvertent typographical mistake in para 6 of application, there is mention of “in the last week of September, 2023” instead of “in the last week of August, 2023”, and this mistake could not be corrected due to oversight. Taking into consideration the submissions made by learned counsel for applicant, the delay in filing the application for restoration of CMP(M) No. 880 of 2018, is condoned. Application is disposed of. CMP No. 21267 of 2024 This application has been filed for recalling the order dated 1.11.2022 passed by this Court whereby application, filed for condonation of delay in filing the appeal, has been dismissed in default as well as for non-prosecution. Taking into consideration the submissions made by learned counsel for applicant in aforesaid application (CMP(M) No. 1789 of 2024), order dated 1.11.2022 passed in CMP(M) No. 880 of 2018 is recalled and this application is directed to be restored to its original status along with original number as well as pending application(s), if any on that day. Application is disposed of. Copy of this order be placed in the record of CMP(M) No. 880 of 2018. June 06, 2025 (Vivek Singh Thakur) (ms) Judge