State of HP v. Man Singh

State   of   H.P.   &   Anr.   Vs.   Man   Singh   (deceased) through LRs & Ors. CMPs(M) No. 2425 & 2428/2025 & 1309 & 1310/2026 in RFA No. 133/2004

13.08.2026 Present: Mr. Manoj Chauhan, Additional Advocate General, for the non-applicants/State. Mr. Ajay K. Dhiman, Advocate, for the applicants/respondents. CMPs(M) No. 2425 & 2428/2025 The instant applications, under Order 22, Rule 4, read with Section 151 of the Code of Civil Procedure and Section 5 of the Limitation Act, have been filed by the applicant for bringing on record the legal representatives of deceased respondent No. 1, Man Singh and for condonation of delay in filing the application. The applications are duly supported by the affidavits of the applicant as well as legal heirs certificate. No reply to the applications is intended to be filed. As per the applicant, respondent No. 1 has expired on 17.10.2016 and left behind the legal representatives, as mentioned in para-3 of the application (CMP.M No. 2425/2025). However, the delay in filing the application has occurred, as the applicant only came to know that his father was entitled for the claim, when he visited his native place after a long time and immediately

thereafter necessary steps for bringing on record his legal representatives have been taken. Therefore, the delay, as occurred is neither intentional, nor willful, but was beyond the control of the applicant and deserves to be condoned in the interest of justice. Heard. Taking into consideration the fact that the delay, as occurred, was beyond the control of the applicant and has been sufficiently explained in the application, as such, the same is condoned. As right to sue still survives in favour of the legal representatives of deceased respondent No. 1, the application is allowed and legal representatives, as mentioned in para-3 of the application (CMP.M No. 2425/2025), are ordered to be brought on record.

The applications stand disposed of. CMPs(M) No. 1309 & 1310/2026 The instant applications, under Order 22, Rule 4, read with Section 151 of the Code of Civil Procedure and Section 5 of the Limitation Act, have been filed by the applicant for bringing on record the legal representatives of deceased respondent No. 38, Parvati and for condonation of delay in filing the application. The

applications are duly supported by the affidavits of the applicant as well as legal heirs certificate. No reply to the applications is intended to be filed. As per the applicant, respondent No. 1 has expired on 25.12.2025 and left behind the legal representatives, as mentioned in para-3 of the application (CMP.M No. 1309/2026). However, the delay in filing the application has occurred, as the applicant only came to know that his mother was entitled for the claim when his relatives came to the native place for consoling his mother's death and immediately thereafter necessary steps for bringing on record her legal representatives have been taken. Therefore, the delay, as occurred is neither intentional, nor willful, but was beyond the control of the applicant and deserves to be condoned in the interest of justice. Heard. Taking into consideration the fact that the delay, as occurred, was beyond the control of the applicant and has been sufficiently explained in the application, as such, the same is condoned. As right to sue still survives in favour of the legal representatives of deceased respondent No. 38, the

application is allowed and legal representatives, as mentioned in para-3 of the application (CMP.M No. 1309/2026), are ordered to be brought on record.

The applications stand disposed of. ( Sushil Kukreja ) Judge 13th August, 2026 (raman)