CMP.M/1107/2026 of The Government of Himachal Pradesh and another Vs Sukh Ram and others on 16 September 2026

Govt. of H.P. & another vs. Sukh Ram & others CMP(M) No. 1107 of 2026 16.09.2026 Present: Mr. Diwakar Dev Sharma, Additional Advocate General, for the applicants. Respondents proceeded against ex-parte vide order dated 16.07.2026. CMP(M) No. 1107 of 2026 In sequel to the order dated 16th July, 2026, notice issued to the respondents stands duly served. As per the order as passed by the Additional Registrar (Judicial) on 22nd August, 2026, the said respondents have been proceeded against ex parte. The instant application has been filed for condonation of delay in filing the instant appeal. It has been stated in the application that the impugned judgment was passed by the learned District Judge, Bilaspur, on 29th October, 2024. The District Attorney, Bilaspur, vide his office letter, had intimated the department that the civil appeal had been dismissed by the learned District Judge. On receipt of the letter, as per the opinion of the Government dated 17th April, 2025, the draft Regular Second Appeal was prepared and submitted to the Deputy District Attorney, O/o Chief Engineer, H.P. Public Works Department, Hamirpur, vide letter dated 20th September, 2025, and vetted on 22nd September, 2025. Thereafter, the same was forwarded to the office of the Advocate General on 22nd September, 2025, and after being vetted by the office of the Advocate General, the fair appeal was prepared and filed on 19th May, 2026. It has been contended that the delay in filing the appeal is neither intentional nor willful, but the same has occurred under unavoidable circumstances as the file moved through different channels, and in this process, delay has occurred. In view of the averments as made in the application, which is duly supported by an affidavit, and in view of the submissions made by the learned Additional Advocate General, and since the respondents have chosen not to contest the present application, the same is allowed and the delay in filing the appeal is condoned. Application stands disposed of.

RSA No.____/2026 (RAST No. 38918/26) Appeal be registered. Issue notice to the respondents returnable for 09.10.2026, on taking steps within three days.

(Romesh Verma) Judge September 16, 2026 (Nisha)