Himachal Pradesh High Court
CMP.M/1653/2026 of DEEP SINGH AND ORS Vs VAISH SABHA NAHAN AND ORS on 29 September 2026
others vs. Vaish Sabha Nahan & others CMP(M) No. 604 of of 2026 29.09.2026 Present: Ms. Upasana Sharma, Advocate, vice counsel, for the applicants. Mr. Anmol Sharma, Advocate, for respondent No.1 CMP(M) No. 1653 of of 2026 The instant application has been filed under Order 22 Rules 4
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Deep Singh & others vs. Vaish Sabha Nahan & others CMP(M) No. 604 of of 2026 29.09.2026 Present: Ms. Upasana Sharma, Advocate, vice counsel, for the applicants. Mr. Anmol Sharma, Advocate, for respondent No.1 CMP(M) No. 1653 of of 2026 The instant application has been filed under Order 22 Rules 4 & 9 read with Section 151 of CPC and Section 5 of the Limitation Act for condonation of delay in filing the application for bringing on record the legal representatives of deceased respondent No. 2, late Smt. Kamlesh Kaur, who is stated to have expired on 17.03.2022. It has been contended in the application that the said deceased respondent No.2 has left behind the legal representatives as mentioned in paragraph 2 of the application. It has further been stated that this Court had issued notices on 27.04.2026, and after notices were issued to respondent No. 2, the Registry received a report disclosing that Smt. Kamlesh Kaur had died on 17.03.2022. Prior to the receipt of the report by the Registry, the applicant was not aware that respondent No. 2 had expired, whereupon the present application was moved. In view of the averments made in the application, which is supported by an affidavit, and in view of the submissions made by learned counsel for the applicants, the delay in filing the application for bringing on record the legal representatives of deceased respondent No.2 is condoned and legal representatives of deceased respondent No. 2, as mentioned in paragraph 2 of the application, are ordered to be brought on record as respondents No. 2(a) to 2(c), subject to all just exceptions. The abatement, if any, is ordered to be set aside. Amended memo of parties be filed within one week. The application stands disposed of.
Let notice be issued to the newly added respondents No. 2(a) to 2(c), returnable within three weeks, on taking steps within three days.
Mr. Anmol Sharma, learned counsel for respondent No.1 submits that he intends to file reply. Needful be done before the next date of hearing. List for consideration after three weeks.
(Romesh Verma) Judge September 29, 2026 (Nisha)