Himachal Pradesh High Court
Chandu Ram & Anr vs . Stae Of H.P. & Ors on 14 September, 2022
Author: Satyen Vaidya
Bench: Satyen Vaidya
Chandu Ram & Anr vs. Stae of H.P. & Ors .
CMP.M No. 759 of 2022 & CMP No. 7653 of 2022 14.09.2022 Present: Mr. Virender Thakur, Advocate, for the applicants/appellants.
Mr. Desh Raj Thakur Additional Advocate General and Mr. Narender Thakur, Deputy Advocate General, for the respondents/State.
CMP(M) No. 759 of 2022 By way of this application, delay in filing the appeal has been sought to be condoned. It is submitted that the certified copy of impugned judgment and decree was applied on 27th April, 2019 and it was delivered to learned counsel for the appellants on 6th September, 2019. The applicants/appellants are stated to be senior citizens and rustic villagers and having no knowledge of intricacies of law. They had not received any information about the decision of the case. They incidentally visited their counsel at Rampur in March, 2020 and came to know about the decision. The appeal was prepared but in the meantime, the nationwide lockdown was imposed due to Covid-19 pandamic. Finally, the appeal was filed in December, 2020 when the lockdown conditions were eased.
Respondents have contested the prayer of the applicant on the ground that the averments made in the application are vague. The application has been alleged ::: Downloaded on - 14/09/2022 20:11:57 :::CIS to be frivolous and baseless. On merit, the averments .
made in the application have been denied in generality.
The application is supported by an affidavit.
There is nothing on record to show that the averments made by the applicants in the application are incorrect or malafide. Applicants belongs to rural area and it can be assumed that they may not be able to understand the intricacies of law. In any case, their averment that they were not aware about the outcome of the case till March, 2020 has remained unrebutted. The applicants have been able to explain the reasons for delay which appeared to be bonafide. In view of this, the application is allowed and delay in filing the appeal is condoned. The application stands disposed of.
RFA No. _______ of 2022 Be registered.
Admit. Notice. Mr. Narender Thakur, learned Deputy Advocate General appears and waives post admission notice on behalf of respondents No. 1 to 4.
Issue post admission notice to respondent No.5 returnable for 9th November, 2022 on taking steps within a week.
List on 9th November, 2022.
(Satyen Vaidya) Judge 14th September, 2022(himani) ::: Downloaded on - 14/09/2022 20:11:57 :::CIS