Suresh Chand Vs. Kuldeep Chand and Ors. CMP(M) No. 394 of 2018 in RSA No. 1 of 2018 30.05.2025 Present: Mr. Abhishek and Ms. Sana Rana, Advocates, vice counsel, for the applicant/appellant. Mr. Mukul Sood and Mr. Het Ram, Advocates, for respondent No. 1(b). CMP (M) No. 394 of 2018 Heard. By way of this application, a prayer has been made for condonation of delay in filing the Regular Second Appeal. It has been averred that the respondents have also filed Regular Second Appeal against the same judgment and decree which is pending on the files of this Court as RSA No. 1 of 2018. It is submitted that when the applicant received the notice in RSA No. 1 of 2018, he contacted his counsel at Shimla and at that stage, the applicant was advised to file a separate appeal against the findings which were recorded against him in the judgment and decree passed by First Appellate Court. The appeal is stated to be barred by 33 days. Respondents have filed reply and have denied the averments made in the application generally. The averments made in the application are duly supported by an affidavit and there is nothing contrary on record to falsify such averments. Thus, the applicant has been able to make out a case of sufficient cause for not filing the appeal within the time prescribed. Even otherwise, respondents have assailed the same judgment and decree by way of RSA No. 1 of 2018 and they will suffer no prejudice in case the appeal of the applicant is also heard on merits alongwith the appeal of the respondents. Accordingly, the application is allowed. The delay in filing the appeal is condoned. Application stands disposed of. RSA No. of 2025 Be registered. List for admission on 11.07.2025 alongwith RSA No. 1 of 2018. ( Satyen Vaidya ) Judge 30th May, 2025 (sushma)