CMP.M/1655/2019
2021 Latest Caselaw 416 HP

CMP(M) No. 1655 of 2019

7.1.2021 Present: Mr. Sudhir Bhatnagar and Mr. Arvind Sharma, Additional Advocates General, for the applicants/appellants/State.

.

Mr. Dinesh Singh Chauhan, Advocate, for non-

applicants/ respondents No. 1 and 2.

Through Video Conferencing

CMP(M) Nos. 570 and 571 of 2020 in CMP(M) No. 1655 of 2019

By way of instant application filed under Order 22

Rules 4 and 9 read with Section 151 CPC, prayer has been made on

behalf of the applicants/appellants for bringing on record the LRs of

deceased respondent No.3 namely Ratti Ram, after condoning the

delay and setting aside abatement, if any. Pursuant to notices

issued to the proposed LRs in terms of order dated 17.9.2020, Mr.

Dinesh Singh Chauhan, Advocate, has put in appearance on their

behalf. He states that he does not intend to file reply to the

application and has no objection in case, prayer made in the

application is allowed.

Averments contained in the application, which is duly

supported by an affidavit, clearly reveal that delay in maintaining

the accompanying application for bringing on record the proposed

LRs is neither intentional nor willful, rather same has occurred on

account of circumstances, which were completely beyond the

control of the applicant and as such, same deserves to be

condoned and accordingly, delay in bringing on record the LRs of

deceased respondent No.3 is condoned and abatement, if any, is

set-aside. In view of the aforesaid, persons as detailed in para 4 of

the application bearing CMP(M) No. 570 of 2020 are ordered to be

substituted in place of deceased respondent No.3 Ratti Ram.

Registry to carry out necessary corrections in the memo of parties on

the basis of amended memo of parties annexed with the

application. The applications are disposed of accordingly.

CMP(M) No. 1655 of 2019

.

By way of instant application filed under Section 5 of

the Limitation Act, prayer has been made on behalf of the

applicants for condonation of delay in maintaining the

accompanying appeal. Mr. Dinesh Singh Chauhan, learned counsel,

representing the non-applicant/respondents states that he does not

intend to file reply to the application and has no objection in case,

prayer made in the application is allowed.

Averments contained in the application, which is duly

supported by an affidavit, clearly reveal that delay in maintaining

the accompanying appeal is neither intentional nor willful, rather

same has occurred owing to the circumstances which were

completely beyond the control of the applicants and as such, same

deserves to be condoned.

Accordingly, for the reasons stated in the application,

delay in filing the appeal, which in my considered view, has

sufficiently been explained, is condoned. The application stands

disposed of.

Appeal be registered.

RFA No. of 2021 ( RFAST/14651/19) Admit. Mr. Dinesh Singh Chauhan Advocate waives

post admission notice on behalf of the respondents. Records of the

case be called for.

CMP No. of 2021 (CMPST/ 20209/19)

Learned counsel for the non-applicants states that

prayer made in the application may be allowed subject to deposit

of award amount. In view of the aforesaid, operation of impugned

judgment dated 2.5.2019, passed by the learned District Judge

(forests) Shimla, HP, in LAC R.B.T. No. 38-S/4 of 2017, shall remain

stayed subject to applicants' depositing award amount within a

.

period of eight weeks. Application stands disposed of.

Copy dasti.

     7th January, 2021                           (Sandeep Sharma),
       manjit                                          Judge




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