Jammu & Kashmir High Court
Anil Mahajan vs Avtar Singh And Others on 12 September, 2022
Author: Rajnesh Oswal
Bench: Rajnesh Oswal
S. No. 10
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
CR No. 14/2016
IA No. 1/2016
CM Nos.7179/2021,3773/2020
Anil Mahajan .....Appellant(s)/Petitioner(s)
Through: Mr. L. K. Sharma, Sr. Advocate with
Mr. Mohit Kumar, Advocate
Vs
Avtar Singh and others ..... Respondent(s)
Through: Mr. R. P. Sharma, Advocate
Coram: HON'BLE MR. JUSTICE RAJNESH OSWAL, JUDGE
ORDER
CM No. 7179/2021 The instant application has been filed by the applicant seeking condonation of delay in filing the application for substitution of legal representatives of deceased-respondent No. 2.
It is stated that counsel who appeared on behalf of the applicant on 02.11.2017 neither noted the death of respondent No. 2 on his brief nor informed the applicant about the death of respondent No. 2.
Response stands filed by the respondents in which it has been stated that an application has been made after court vide its order dated 04.03.2020 granted two weeks time to do the needful as initially, no application seeking condonation of delay was filed by the applicant along with application for substitution of legal representatives of respondent No. 2. In nutshell, it has been pleaded that the application is hopelessly time barred.
Mr. L. K. Sharma, learned senior counsel for the applicant vehemently argued that the applicant cannot be allowed to suffer just because of the fact that 2 CR No. 14/2016 CM No. 7179/2021 CM No. 3773/2020 the counsel who appeared for the applicant at that point of time did not inform the applicant about the demise of the respondent No. 2 as the said counsel neither made endorsement in the brief regarding the demise of respondent No. 2 nor he had informed the applicant about the same.
Mr. R. P. Sharma, learned counsel for the non-applicant vehemently argued that the application for condonation of delay is required to be dismissed because the applicant has not been diligent in contesting the present revision petition as first of all, he has filed an application for bringing on record the legal representatives of respondent No. 2 in the year 2020 i.e. more than three years after he informed the other side regarding the demise of respondent No. 2 and secondly, when the application for bringing on record the legal representatives of respondent No. 2 was filed, the same was not accompanying the application seeking condonation of delay.
Heard and perused the record.
This is an admitted fact that the application has been filed beyond time. The contention of the applicant that he was not aware about the demise of respondent No. 2 as the then counsel representing him did not inform him about the demise of the respondent No. 2 cannot be considered as false or concocted. Needless to say that every endeavor is required to be made to dispose of the lis on the basis of merits and technicalities should not come in the way.
Viewed thus, this Court is satisfied that the applicant has demonstrated the sufficient cause for condoning the delay in laying the motion for bringing on record the legal representatives of respondent No. 2. Accordingly, the application seeking condonation of delay is allowed.
CM No. 3773/2020 3 CR No. 14/2016 CM No. 7179/2021 CM No. 3773/2020
This is an application filed by the applicant for bringing on record the legal representatives of deceased respondent No. 2. The details of legal representatives of respondent No. 2 have been mentioned in Para 3 of the application.
Response stands filed by the non-applicant Nos. 1 and 3 in which the particulars of legal representatives of respondent No. 2 have been mentioned in Para 4 of the objections.
Mr. L. K. Sharma, learned senior counsel for the applicant submits that since, respondent Nos. 1 and 3 are brothers of respondent No. 2 so, particulars of legal representatives of respondent No. 2 as mentioned in Para 4 of the objections may be considered for bringing them on record.
Accordingly, the present application is allowed. The legal representatives of respondent No. 2 as mentioned in Para 4 of objections to CM No. 3773/2020 are brought on record. Registry to update the index accordingly.
Disposed of.
CR No. 14/2016 Issue notice to the legal representatives of deceased respondent No. 2. Petitioner to take steps for their service within a period of 15 days from today.
List on 01.11.2022.
(RAJNESH OSWAL) JUDGE Jammu 12.09.2022 Neha