Allowed¶9

Hari Singh v. State of Hp

Himachal Pradesh HC13 May 2026CMP.M/659/2026

Case brief

AI extract

What is this about?

CWPOA No.1220 of 2019; CMP(M) No.659 of 2026; substitution/bringing on record of legal heirs of deceased petitioner No.1(iv) Swarn Lata (died 27.03.2025); Order 22 Rule 3 CPC; Section 151 CPC; Section 5 Limitation Act; delay condoned; abatement set aside; legal heirs certificate; Hari Singh (deceased) through LRs Dinesh Kumar & Ors.; The State of HP; order dated 13.05.2026; Judge Jiya Lal Bhardwaj; next hearing 24.06.2026.

What did the court decide?

The CMP(M) No.659 of 2026 application was allowed: delay condoned, abatement set aside, and the legal representatives named in para No.3 of the application brought on record; amended memo of parties to be placed at an appropriate place; the main case CWPOA No.1220 of 2019 listed for 24.06.2026. ¶9

Hari Singh Vs State of Hp — Himachal Pradesh HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

¶9

Issue for consideration

Whether the application (CMP(M) No.659 of 2026) under Order 22 Rule 3 read with Section 151 CPC and Section 5 of The Limitation Act, seeking to bring on record the legal heirs of deceased petitioner No.1(iv) Swarn Lata, should be allowed with condonation of delay and setting aside of abatement.

¶7

Court's answer

The application is allowed: the delay is condoned, abatement is set aside, and the legal representatives named in para No.3 of the application are ordered to be brought on record (sentence concluded at paras 10-11), because the petition is still pending adjudication and other legal heirs of the deceased institutor Hari Singh are already on record.

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Key takeaways

Ancillary direction: the amended memo of parties appended with the application is to be placed at an appropriate place (direction begins at para 12 and concludes at para 13).obiter¶13

Detailed headnote1 paragraphs

Order dated 13.05.2026 by Jiya Lal Bhardwaj, Judge, in CWPOA No.1220 of 2019 (Hari Singh (deceased) through his LRs Dinesh Kumar & Ors. vs. The State of HP & Ors.): By CMP(M) No.659 of 2026, filed under Order 22 Rule 3 read with Section 151 CPC and Section 5 of The Limitation Act, the applicants sought to bring on record the legal heirs of deceased petitioner No.1(iv) Swarn Lata, who died on 27.03.2025 leaving behind her husband and sons, placing a legal heirs certificate on record. Since the underlying petition instituted by deceased Hari Singh remains pending adjudication and his other legal heirs are already on record, the Court allowed the application, condoned the delay, set aside the abatement, and ordered the legal representatives named in para No.3 of the application to be brought on record; the amended memo of parties is to be placed at an appropriate place. Matter listed for 24.06.2026.

Hari Singh v. State of Hp

Case brief

What is this about?

What did the court decide?

Hari Singh v. State of Hp

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

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