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2025 DAILYLAW 6675 (HP)

UNION OF INDIA v. SES RAM (SINCE DECEASED) THROUGH LRS DHARMI DEVI AND ORS

RFA/308/2007 · 2025-08-06

Bipin Chander Negi

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Union of India vs. Ses Ram and another CMP(M) Nos 1230 of 2023 and CMP No. 13060 of 2023 in RFA No. 308 of 2007 06.08.2025 Present: Mr. Bharat Bhushan, Senior Panel Counsel, for the applicant. Mr. Sanjeev Bhushan, Sr. Advocate, with Mr. Sparsh Bhushan, Advocate, for respondents No. 1(a) to 1(c) and 1(g) to 1(h). Mr. B.N. Sharma, Additional Advocate General, Advocate, for respondent No.2. CMP(M) No.1230 & CMP No.13060 of 2023 Application (CMP No.13060 of 2023) has been filed by the applicant under Order 9 Rule 4 read with Section 151 CPC for recalling order dated 17.09.2008, whereby Co-ordinate Bench of this Court dismissed RFA No.308 of 2007 for non-prosecution and application i.e CMP(M) No.1230 of 2023, has been filed by the applicant under Section 5 of the Limitation Act for condonation of delay in filing the application under Order 9 Rule 4 read with Section 151 CPC. Both the applications are supported with the affidavits. Learned counsel/Additional Advocate General for the non-applicants/respondents have no objection, in case the prayers made in the applications are allowed. For the reasons stated in the applications and also considering no objection on behalf of learned counsel/Additional Advocate General for the non-applicants/respondents, the applications are allowed. Accordingly, the delay in filing the application under Order 9 Rule 4 read with Section 151 CPC is condoned and order dated 17.09.2008, passed by a Co-ordinate Bench of this Court, is recalled. Consequently, RFA No.308 of 2007 is ordered to be restored to its original number. The applications are disposed of. RFA No.308 of 2007 The appeal is disposed of vide separate judgment of even date placed on the file. (Bipin C. Negi) Judge August 06, 2025 tarun