Gian Chand Vs State of Hp and Others — Himachal Pradesh HC (2026) — LawSathi Research

Gian Chand Vs State of Hp and Others — Himachal Pradesh HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Delay in filing the appeal condoned and CMP(M) No. 511 of 2026 allowed; applicant/petitioner exempted from filing certified copy of the judgment and decree dated 30.06.2017 at this stage, subject to filing within seven days as and when directed; RSA (Filing No. RSA/4665/2026) registered and admitted, record to be requisitioned.

Issue for consideration

Whether the delay in filing the appeal should be condoned. +1 more

Court's answer

In view of the averments in the application, supported by an affidavit, and the absence of objection from counsel for the non-applicant/respondent, the condonation application is allowed and the delay in filing the appeal is condoned.

Ratio / Principle

Applicant/petitioner is exempted from filing the certified copy of the judgment and decree dated 30.06.2017 at this stage, subject to filing the same within seven days, as and when directed to do so.

Key takeaways

The regular second appeal is admitted; it is listed for hearing in due course and the record is to be requisitioned.ratio¶20

Detailed headnote1 paragraphs

CMP(M) No. 511 of 2026, decided 03.06.2026 (Romesh Verma, J.) - Gian Chand v. State of H.P. & others - Condonation of delay in filing RSA - Applicant, an aged person of about 76 years suffering from multiple serious medical ailments and under active medical treatment during the relevant period (medical prescriptions, Annexure A-1 colly.), sought condonation of delay in filing appeal against judgment and decree dated 18.08.2025 of learned District Judge, Kangra, at Dharamshala, H.P.; certified copy applied for and received on 22.08.2025 - Additional Advocate General for respondent No.1 raised no objection - Application allowed and delay condoned; respondents No.2, 3(i), 3(ii), 3(iv), duly served and absent, proceeded against ex-parte - In connected CMP/17501/26, applicant/petitioner exempted from filing certified copy of judgment and decree dated 30.06.2017 of learned Senior Civil Judge, court No.1, Kangra, H.P., at this stage, subject to filing within seven days as and when directed - RSA (Filing No. RSA/4665/2026) registered and admitted; record requisitioned; hearing listed in due course.

Gian Chand vs. State of H.P. & others

CMP(M) No. 511 of 2026

03.06.2026

Present: Mr. Ravi Kant Kaushal, Advocate, for the applicant.

Mr. Baldev Singh Negi, Additional Advocate General, for respondent No.1.

CMP(M) No. 511 of 2026

In sequel to order dated 16.04.2026,

respondents No.2, 3(i), 3(ii), 3(iv) stands duly served but none has put in appearance on their behalf, hence, they are proceeded against ex-parte.

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

It is averred that the certified copy of the impugned judgment and decree dated 18.08.2025 passed by learned District Judge, Kangra, at Dharamshala, H.P. was applied for and received on 22.08.2025. It is further averred that applicant is an aged person of about 76 years, suffering from multiple serious medical ailments, which substantially impaired his ability to attend legal matters and to pursue the filing of the appeal within time. The applicant was under active medical treatment during the relevant period, as reflected from the medical prescriptions, Annexure A-1(colly).

Immediately, thereafter, necessary steps were taken by the applicant to file the present appeal. 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.

Learned Additional Advocate General for respondent No.1 has stated that he has no objection, if the present application is allowed.

In view of the averments made in the application, which is duly supported by an affidavit, and keeping in view the fact that the learned counsel for the non-applicant/respondent has no objection to the condonation of delay, the present application is allowed, and the delay in filing the appeal is condoned.

Application stands disposed off.

RSA No._______ of 2026

(Filing No. RSA/4665/2026)

Appeal be registered.

Heard.

Admit.

List for hearing in due course. Record be requisitioned.

CMP No. ______of 2026 (CMP/17501/26)

It be registered.

Allowed. Applicant/petitioner is exempted from

filing certified copy of the judgment and decree dated 30.06.2017 passed by learned Senior Civil Judge, court No.1, Kangra, H.P., at this stage, subject to filing of the same within seven days, as and when directed to do so.

The application stands disposed of.

(Romesh Verma) Judge

June 3, 2026 ( Nisha)