Devender Singh vs. State of H.P. & others CWPOA No.6868 of 2020 13.03.2025 Present: Mr. Nishant Khidta, Advocate, for the petitioner. Mr. Pratush Sharma, Addl. A.G., for the respondents. CMP(M) Nos.1925 & 1926 of 2024 CMP(M) No.1926 of 2024 is an application filed by the petitioner under Section 5 of the Limitation Act for condoning the delay in bringing on record the legal representatives of deceased petitioner. The date of death of deceased petitioner is 07.05.2021. Reasons, as assigned by the applicants for not taking appropriate steps for substitution of original petitioner after his death, are that there has been inordinate delay on part of the respondents in filing the reply, which eventually was filed on 30th August, 2024. It was at that stage, learned counsel for the petitioner tried to contact the petitioner for filing the rejoinder, that the factum of death of petitioner was disclosed to the learned counsel. Though, the respondents have filed the reply, but there is nothing on record to suggest that the averments made in the application for condonation of delay are false. Rather, it is borne from the record that the reply of the respondents was filed on 30th August, 2024. That being so, the applicants cannot be said to be guilty of being negligent in prosecuting the matter. CMP(M) No.1925 of 2024 has been filed giving details of the legal representatives of deceased petitioner in paragraph 10 of the application. The wife, son and daughters of deceased petitioner have survived. Again there is nothing on record to suggest that there are any other legal representatives of deceased petitioner. Accordingly, both the applications are allowed. Delay that has occurred in filing the application under Order 22 Rule 4 CPC is condoned. Abatement, if any, is set aside. Legal representatives of deceased petitioner as detailed in para-10 of the application are ordered to be brought on record as petitioners No.1(a) to 1(d). Amended memo of parties be filed on or before the next date. CWPOA No.6868 of 2020 Learned counsel for the petitioners submits that the rejoinder is also required to be filed which he will be filing within three weeks. List on 24th April, 2025. ( Satyen Vaidya ) Judge March 13, 2025 (vt)