Disposed¶7

Gujju Ram v. Devi Ram and Ors.

Himachal Pradesh HC9 Mar 2026CMP.M/1625/2025

Case brief

AI extract

What is this about?

condonation of delay; 166 days; legal-aid counsel; regular second appeal; RSA No. /2026; CMP (M) No. 1625/2025; nautor; Khasra No. 176; First Appellate Court; jurisdictional error; adverse possession; substantial questions of law; Order 41 Rule 5 CPC; withdrawal of application; Annexure A-1 translation; records requisitioned; Romesh Verma; Gujju Ram; Devi Ram; State respondents

What did the court decide?

Condonation of delay of 166 days granted and regular second appeal ordered registered and admitted on two substantial questions of law; permission granted to withdraw the Order 41 Rule 5 CPC application with liberty to file afresh; applicant directed to file translated copy of Annexure A-1 within four weeks; records to be requisitioned. ¶7

Gujju Ram Vs Devi Ram and Ors. — Himachal Pradesh HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the learned First Appellate Court committed jurisdictional error in granting relief qua Khasra No. 176 directing respondents No.2 and 3 to grant nautor to the plaintiff, which is beyond the scope of the pleading and relief sought by the plaintiff. +1 more

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Ratio / Principle

Delay of 166 days in filing the regular second appeal is condoned, the reasons assigned in paras 2 to 4 of the application appearing plausible and reasonable and the application being supported by an affidavit; the appeal is to be registered.

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Key takeaways

The regular second appeal is admitted on the two substantial questions of law framed concerning the First Appellate Court's grant of nautor relief qua Khasra No. 176 beyond the pleadings and its failure to return findings on adverse possession.ratio¶10
The appellant/applicant is permitted to withdraw the application filed under Order 41 Rule 5 CPC, with liberty to file the same afresh under the relevant provisions of law.ratio¶16
The applicant is directed to file a translated copy of Annexure A-1 within four weeks.ratio

Detailed headnote1 paragraphs

Interlocutory order (single Judge): (i) Delay of 166 days in filing the regular second appeal by Gujju Ram against Devi Ram, filed through legal-aid counsel and supported by affidavit, condoned as the reasons assigned were found plausible and reasonable; appeal ordered registered. (ii) Appeal admitted on two substantial questions of law: (a) whether the First Appellate Court committed jurisdictional error in granting relief qua Khasra No. 176 directing respondents No.2 and 3 to grant nautor to the plaintiff beyond the scope of the pleading and relief sought; and (b) whether the First Appellate Court created an illegality by partly allowing the appeal without returning findings on the core issue of adverse possession. Records requisitioned; appellant's counsel to supply paper book to respondent No.1's counsel. (iii) Application under Order 41 Rule 5 CPC permitted to be withdrawn with liberty to file afresh. (iv) Applicant directed to file translated copy of Annexure A-1 within four weeks. The substantial questions of law were framed for future adjudication and not answered in this order.

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Gujju Ram vs. Devi Ram

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CMP (M) No. 1625/2025

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9.3.2026 Present: Mr. Vedhant Ranta, Advocate, for the applicant. Mr. Janesh Gupta, Advocate, for respondent No.1.

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Mr. Manish Thakur, Dy.A.G. for respondents No.2 & 3/State.

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CMP (M) No. 1625/2025

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The present application has been filed through legal-aid counsel for condonation of delay of 166 days in filing the present regular second appeal.

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The appellant/applicant has assigned the reasons in paras 2 to 4 of the application, which seem to be plausible and reasonable. Therefore, keeping in view the averments as made in the application, which is duly supported by an affidavit and taking into consideration the submissions made by the learned counsel for the respondents, I find sufficient reasons to condone the aforesaid delay. Ordered accordingly. Appeal be registered.

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Application stands disposed of.

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RSA No. /2026

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Heard. Admit on the following substantial

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questions of law:

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Whether the learned First Appellate Court has committed jurisdictional error in granting relief qua Khasra No. 176 directing respondents No.2 and 3 to grant nautor to the plaintiff, which is beyond the scope of pleading and relief sought by the plaintiff?

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Whether the learned First Appellate Court has created an illegality by partly allowing the appeal without returning the findings on the core issue of adverse possession?

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Learned counsel for the appellant undertakes to supply a copy of entire paper book to learned counsel for respondent No.1 during the course of the day. Records be requisitioned.

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CMP No. /2026

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Be registered. The appellant/applicant seeks and is granted permission to withdraw the application filed under Order 41 Rule 5 CPC with liberty to file the same afresh under the relevant provisions of law. Application stands disposed of.

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CMP No. /2026

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Be registered. The instant application is disposed

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with a direction to the applicant to file translated copy of Annexure A-1 within four weeks from today.

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(Romesh Verma) Judge

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9.3.2026

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(pankaj)

Gujju Ram v. Devi Ram and Ors.

Case brief

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Gujju Ram v. Devi Ram and Ors.

Case brief

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