Disposed

State of Hp and Others v. Ram Lal and Others

Himachal Pradesh HC10 Jul 2026CMP.M/2291/2025

Case brief

AI extract

What is this about?

Interlocutory orders in a second appeal: delay in filing the appeal condoned, and legal representatives of deceased respondent No.6 brought on record after setting aside abatement. Appeal directed to be registered and notice issued to the newly added legal representatives.

What did the court decide?

Delay in filing appeal condoned; LRs of respondent No.6 brought on record as 6(a) to 6(g), abatement set aside; appeal to be registered and listed.

State of Hp and Others Vs Ram Lal… — Civil Procedure and Limitation | Himachal Pradesh HC (2026)

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State of H.P. & others vs. Ram Lal & others

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CMP(M) No. 2291 of 2025

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10.07.2026 Present: Mr. Diwakar Dev Sharma, Addl. A.G., for the applicants.

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Mr. Manish K. Gupta, Advocate, for respondents No. 1 to 5, 7 to 12.

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CMP(M) No. 1071 & 1072 of 2026

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The instant applications have been filed for bringing on record the legal representatives of deceased respondent No.6 Inder and for condonation of delay in filing the application under Order 22 rules 4 & 9 of the CPC.

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As per averments as made in the application, deceased respondent No.6 had expired on 12.10.2025. Copy of certificate appended with the application reveals that the said respondent expired on 12.10.2025 by leaving behind the legal representatives, as mentioned in para-4 of CMP(M) No. 1071 of 2026. The applications are duly supported by the affidavits.

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Learned counsel for the non-applicants has no objection in case the applications are allowed.

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Consequently, in view of the averments as

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made in the applications, which are duly supported by the affidavits and in view of submissions as made by learned counsel for the applicants, the present applications are allowed and after condoning the delay in

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filing the application under Order 22 Rules 4 & 9 of CPC, the legal representatives of respondent No.6 are ordered to be brought on record as respondents No. 6 (a) to 6 (g) after setting aside the abatement, if any, subject to all just exceptions. The applications stand disposed of.

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CMP(M) No. 2291 of 2025

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The instant application has been filed for condonation of delay in filing the appeal. It has been stated in the application that the impugned judgment and decree was passed by the learned District Judge, Bilaspur, on 22.08.2024. The counsel for the applicants applied the copy of impugned judgment and decree on 24.08.2024 and the same was delivered on 30.08.2024. Thereafter, the District Attorney, Bilaspur vide his letter dated 05.09.2024 alongwith his legal opinion sent the case file to the office of the Superintending Engineer, 10^th Circle, Bilapsur. Thereafter, the case remained pending in different channels and in this process, the delay has occurred in filing the appeal. Therefore, it has been prayed that the delay in filing the appeal is neither intentional nor willful, but the same has occurred due to unavoidable circumstances.

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Learned counsel for the non-applicants has no objection in case the application is allowed.

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Consequently, in view of the averments as made in the application, which are duly supported by an affidavit and in view of submissions as made by learned counsel for the applicants, the present application is allowed and the delay in filing the appeal is condoned.

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The application stands disposed of.

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RSA No. /2026

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Be registered. Send for the record.

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Notice to newly added legal representatives of respondent No.6. Mr. Manish Kumar Gupta, Advocate, accepts notice on their behalf and seeks two seeks time to file power of attorney.

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List on 29.07.2026 . Learned Additional Advocate General is directed to supply the copy of entire paper book to the learned counsel for the respondents during the course of the day.

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(Romesh Verma) Judge 10^th July, 2026 (kck)

State of Hp and Others v. Ram Lal and Others

Case brief

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What did the court decide?

State of Hp and Others v. Ram Lal and Others

Case brief

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