State of H.P. & Anr. Vs. Ishwar Dutt & Ors. CMP(M) No. 2197 & 2198/2025 in RFA No. 348/2004 12.12.2025 Present: Ms. Archna Negi, Deputy Advocate General, for the non-applicants/appellants. Mr. Ajay Kumar Dhiman, Advocate, for the applicants/respondents. 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 representative of deceased respondent No. 1, Ishwar Dutt and for condonation of delay in filing the application. The applications are duly supported by an affidavit of applicant, Suresh Chand Rohal. No reply to the applications is intended to be filed. As per the applicant, respondent No. 2 has expired on 10.01.2023 and left behind the legal representative, as mentioned in para-3 of the application. However, the delay in filing the application has occurred, as applicant was not aware about the pendency and decision of the present appeal. 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. ...2... 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 representative, as mentioned in para-2 of the application (CMP(M) No. 2197 of 2025), are ordered to be brought on record, after setting aside the abatement, if any. The applications stand disposed of. ( Sushil Kukreja ) Judge 12th December, 2025 (raman)