State of H.P. and others vs. Gagan Singh and others CMP(M) No. 1597 of 2023 13.10.2025 Present: Mr. B.N. Sharma, Additional Advocate General, for the applicants/State. Mr. Divya Raj Singh, Advocate, for respondents No. 2 to 4 & for LRs No. 1(a) to 1(d). CMP No. 5818 of 2025 No reply is intended to be filed on behalf of the non- applicants. The legal heirs of the deceased respondent No.1 who are duly represented by a counsel also do not want to file any reply and have no objections, if in case, they are ordered to be brought on record. The present application has been filed seeking deletion of name of respondent No.1 and for substitution of his legal heirs. Feeling aggrieved by the judgment dated 31.7.2015 in Civil Appeal No. 18/2015 titled as Gagan Singh and others vs. State of H.P. through Collector, Chamba and others passed by the District Judge Chamba District Chamba, H.P., a Regular First Appeal had been preferred by the present applicants. The same was registered as RFA No. 178/2017, and was dismissed on 20th June, 2022, being not maintainable, when the same was listed before the Co-ordinate Bench of this Court. It is during the pendency of the aforesaid misconceived regular first appeal filed before Coordinate Bench of this Court that respondent No.1 had died. In the aforesaid facts and attending circumstances, name of respondent No.1 is ordered to be deleted. The same shall be substituted by the legal heirs, details whereof have been given in para 2 of the application. Amended memo filed alongwith the present application is ordered to be taken on record. Application stands disposed. CMP(M) No. 1597 of 2023 Heard counsel for the parties. Perused the pleadings. No reply is intended to be filed on behalf of the non- applicants. In filing of the present appeal, there is a delay of 8 years and 20 days. In the case at hand, the respondents had preferred a suit for declaration, permanent prohibitory injunction as well as mandatory injunction against the present applicants/defendants. The suit so filed by the present respondents was dismissed. The respondents thereafter preferred an appeal against the same before the District Judge, Chamba. Vide judgment dated 31.7.2015, passed in Civil Appeal No. 18/2015 titled as Gagan Singh and others vs. State of H.P. through Collector Chamba and others, learned District Judge, Chamba partly allowed the appeal. Resultantly, the suit of the respondent, herein, was decreed. The revenue entry in favour of the defendants was held to be illegal and the defendants were directed to acquire the land and pay compensation to the respondents within six months. Feeling aggrieved of the same, the present applicants had preferred a Regular First Appeal bearing No. 178 of 2017. The same was filed within the period of limitation. The same was dismissed on 20th June, 2022 by the detailed order passed by the Coordinate Bench, wherein the Regular First Appeal so preferred against the judgment dated 31.7.2015 passed by the District Judge, Chamba was held to be not maintainable. In the aforesaid backdrop, the present application had been filed seeking benefits of Section 14 of the Limitation Act, as according to the applicants, they were bona fidely pursuing proceedings by way of filing a Regular First Appeal against the judgment and decree dated 31.7.2015 passed by the 1st Appellate Court i.e. District Judge, Chamba. In my considered view, there exits sufficient cause for condoning the delay in the case at hand as the applicants were duly pursuing legal remedies available to them with due diligence by filing an appeal as advised within the period of limitation. Besides the 1st Appeal had been filed in good faith. Hence, delay in the case at hand is duly explained and there is a sufficient cause for condoning the delay in the case at hand. Accordingly, the delay in filing the present appeal is condoned. Application stands disposed of. RSA No. _____ of 2025 Be registered. List for admission after two weeks. CMP No. ____ of 2025 Be registered. (Bipin C. Negi) Judge 13th October 2025 Tarun