Pushpa Devi & Ors. Vs. Ghanshyam & Anr. CMP(M) No. 1021/2025 12.05.2026 Present: Mr. Sanjay Kumar Sharma, Advocate, for the applicant/appellant. Mr. Sunil Kumar, Advocate, for proposed LRs No. 1(a) to 1(d). Mr. Chandan Goel and Mr. Sachin Sunail, Advocates, for respondent No. 2. CMPs(M) No. 1965 & 1966/2025 The instant applications, under Order 22, Rule 4, read with Section 151 of the Code of Civil Procedure and Section 5 of the Limitation Act, have been filed by the applicant for bringing on record the legal representatives of deceased respondent No. 1, Ghanshyam and for condonation of delay in filing the application. The applications are duly supported with affidavits of applicant, Pushpa Devi, death certificate of the deceased as well as copy of Parivar Register. No reply to the applications is intended to be filed on behalf of the non- applicants/respondents. As per the applicant, respondent No. 1 has expired on 07.02.2025 and left behind the legal representatives, as mentioned in para-2 of the application (CMP.M No. 1965/2025). However, the delay in filing the application has occurred, as factum of death of respondent No. 1 came to the knowledge of the applicant ….2…. only on 18.08.2025, when notices were served upon the respondents with the report that respondent No. 1 has expired. Thereafter, necessary documents were collected and applications were filed without any further delay. Therefore, the delay, as occurred is neither intentional, nor willful, but was beyond the control of the applicant and deserves to be condoned in the interest of justice. Heard. Taking into consideration the fact that the delay, as occurred, was beyond the control of the applicant and has been sufficiently explained in the application, as such, the same is condoned. As right to sue still survives in favour of the legal representatives of deceased respondent No. 1, the application is allowed and legal representatives, as mentioned in para-2 of the application (CMP.M No. 1965/2025) are ordered to be brought on record, after setting aside the abatement, if any. Amended memo of parties, filed alongwith the applications is ordered to be taken on record. The applications stand disposed of. CMP(M) No. 1021/2025 ...3... Heard. Having regard to the averments made in the application, which is duly supported by an affidavit of the applicant, this Court finds sufficient cause to condone the delay of 314 days’ that has occurred in filing the present appeal. Consequently, the application is allowed and delay of 314 days’ that has occurred in filing the present appeal, is condoned. The application stands disposed of. FAO No. /2026 Appeal be registered. Notice. Mr. Sunil Kumar and Mr. Chandan Goel, Advocates, accept service of notice on behalf of respondents No. 1(a) to 1(d) and respondent No. 2, respectively. Now list the case for hearing on admission on 16.06.2026. ( Sushil Kukreja ) Judge 12th May, 2026 (raman)