Karnail Singh Vs Ashok Kumar

The present application has been filed for correcting the name of respondent No. 1(d). It has been stated that Sh. Ashok Kumar expired on 30.04.2024. For his substitution appropriate application i.e. CMP No. 523 of 2025 was filed and in that notices were issued. However, due to inadvertence, the name of one of the legal representatives of the deceased, i.e. respondent No. 1(d), namely Smt. Mamta, W/o Sh. Sanjeev Kumar, R/o H. No. 456, Mohalla Gurusar, Ward No. 2, Una (T), Tehsil and District Una, H.P., has been wrongly mentioned as Smt. Munna. It has been prayed that in the memo of parties of the said appliation, instead of Smt. Munna, respondent No. 1(d) be corrected as Smt. Mamta.

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In view of the averments made in the application, which is duly supported by an affidavit, the

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present application is allowed. The Registry is directed to carry out the necessary correction in the memo of parties.

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The application stands disposed of.

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CMP(M) Nos. 523 & 524 of 2026

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By medium of CMP(M) No. 524 of 2026, the

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applicant has sought condonation of delay in filing the application i.e. CMP(M) No. 523 of 2026 for bringing on record the legal representatives of deceased sole respondent, Sh. Ashok Kumar, who has expired on 30.05.2024.

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In view of the averments as made in the applications, which are duly supported by affidavits, the aforesaid delay of 31 days in bringing on record the legal representatives of deceased sole respondent, Sh. Ashok Kumar is condoned and the legal representatives of deceased sole respondent, Sh. Ashok Kumar i.e. Smt. Tripta Devi, Sh. Ashish Puri, Sh. Ruchi and newly added Smt. Mamta are ordered to be brought on record as respondents No. 1(a) to 1(d). Registry is directed to carry out the necessary correction in the memo of parties.

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Applications are allowed and stand disposed

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off.

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CMP(M) No. 447 of 2024

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The present application has been filed for condonation of delay in filing the present appeal.

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It is averred that the certified copy of the impugned judgment dated 28.07.2023 was applied and delivered on 02.09.2023. The applicant approached the counsel at Shimla for filing the appeal before this Court. After scrutinizing the file, the applicant, on 12.09.2023, contacted the counsel at Una through phone to supply copy of the entire case file since file as given to the applicant does not contain the copy of plaint, written statement and statement of witnesses. so as to prepare the case in hand. Thereafter, the applicant on 20.09.2023 contacted the counsel at Una through phone and further requested to supply the copy of the entire case file. The present appeal was thereafter prepared and filed, in the said process, delay of 52 days has occurred.

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The applicant has further submitted that the delay in filing the present appeal is neither intentional nor deliberate, but has occurred on account of bona fide reasons, as stated in the application.

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

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Application stands disposed off.

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RSA No.___/2026 (RSAST No. 2730 of 2024)

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Appeal be registered.

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List the matter for admission after two weeks.

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In the meantime, learned counsel for the

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appellant shall supply the entire paper book to learned counsel for the respondent.