Himachal Pradesh High Court
CMP/19681/2026 of DHARAM PAUL Vs GOVIND SINGH PATHANIA on 25 September 2026
Govind Singh Pathania RSA No. 520/2016 25.09.2026 Present: Mr. Ishneet Rattan, Advocate, vice counsel for the appellants. Mr. Tarun Brakta, Advocate, vice Mr. Atharv Sharma, Advocate, for the respondent. CMP No. 19681/2026 & CMP (M) No. 1240/2026 By medium of CMP(M) No. 1240/2026, the
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Dharam Pal vs. Govind Singh Pathania
RSA No. 520/2016
25.09.2026 Present: Mr. Ishneet Rattan, Advocate, vice counsel for
the appellants.
Mr. Tarun Brakta, Advocate, vice Mr. Atharv
Sharma, Advocate, for the respondent.
CMP No. 19681/2026 & CMP (M) No. 1240/2026
By medium of CMP(M) No. 1240/2026, the applicant has sought condonation of delay in filing CMP No.19681/2026 for restoration of the appeal which came to be dismissed in default by this Court vide order dated 04.05.2026. It has been averred in the application that the applicant did not receive SMS for listing of the appeal from the Registry of this Court. On the previous date, when the applicant received call from son of the appellant to know about status of the case, he came to know that the case has been dismissed in default. The applicant immediately informed about status of the case to the son of the appellant and asked him to send the appellant to Shimla for filing the instant application. Therefore, the aforesaid delay is neither intentional nor deliberate, but the same has occurred on account of unavoidable circumstances.
For the reasons stated in CMP(M) No. 1240/2026, more particularly in paras 3 to 6 thereof, which is duly supported by an affidavit of Mr. Naresh K. Gupta, Advocate, I find sufficient reasons to condone the delay and recall the order, dated 04.05.2026. Ordered accordingly. Consequently, the appeal is restored to its original number. Both applications stand disposed of accordingly.
RSA No.520/2016
List in due course.
(Romesh Verma)
Judge 25.09.2026 (pankaj)