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2025 DAILYLAW 2809 (HP)

JEET SINGH v. DULO (now deceased) and others

CMP.M/2369/2025 · 2026-05-12

Romesh Verma

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Jeet Singh vs. Dulo (since deceased) & Ors. CMP(M) No. 2369 of 2025 12.05.2026 Present: Mr. Naveen K. Bhardwaj,Advocate with Ms. Shabnam, Advocate, for the applicant/plaintiff. Mr. Goldy Kumar, Advocate, for respondent No. 8 and 10. Mr. Ashok Kumar Thakur, Advocate, for respondents No. 17 to 19. In sequel to the orders dated 28.02.2026, 16.03.2026 and 06.04.2026, consequential steps for bringing on record the legal representatives of deceased respondent No.1 have not been taken till date. Consequently, appeal stands abated qua respondent No.1. As per report of the Registry, respondents No. 9,10, 13 to 16 stand served. Mr. Goldy Kumar, Advocate has put in appearance on behalf of respondent No.10. Mr. Ashok Kumar Thakur, Advocate, has put in appearance for respondents No. 17,18 and 19. Remaining served respondents are proceeded against ex-parte. The present application has been filed by the applicant for condonation of delay in filing the appeal. It has been averred in the application that the impugned judgment and decree was passed by the learned Additional District Judge (1), Kangra at Dharamshala, District Kangra, H.P. on 06.06.2025. The counsel had applied for the certified copy of the impugned judgment on 18.06.2025 and received the same on 26.06.2025. It has further been averred in the application that the applicant was out of station due to his illness and he is a rustic villager. On the occasion of Diwali, he got intimation through his counsel and only then he came to know about decision of the appeal. It has been contended by the learned counsel for the applicant/appellant that the delay in filing the appeal is neither intentional nor willful and the same has occurred under the unavoidable circumstances, which were beyond the control of the applicant/appellant. Keeping in view the averments as made in the application, which is duly supported by an affidavit and keeping in view of the fact that the learned counsel for the non- applicants has no objection in case delay is condoned, the present application is allowed and the delay of 45 days in filing the present appeal is condoned. Application stands disposed off. RSA No._______2026 ( RSAST No. 55575 of 2025) Appeal be registered. List for admission after two weeks. ( Romesh Verma) Judge May 12, 2026 ( veena)