ACHHROO DEVI Vs. YATISH CHANDER

JUDGEMENT

(1.) Application bearing No.9691 of 2025 has been filed under Order IX Rule 9 CPC read with Sec. 151 CPC for setting aside of order dtd. 15/7/2022 and for restoration of CMP(M) No.695 of 2020, which had been dismissed for nonprosecution.

(2.) Appeal in the case at hand was decided by the Additional District Judge-II, Shimla on 31/8/2018. Feeling aggrieved by the aforesaid judgment, one late Smt. Achharoo Devi had preferred a Regular Second Appeal before this Court. The said appeal was barred by one year nine months and fifteen days. For seeking condonation of the aforesaid delay, a CMP(M) bearing No.695 of 2020 had been filed. During the pendency of the proceedings Smt. Achharoo Devi the erstwhile appellant/applicant before this Court in CMP(M) No.695 of 2020, had died. Steps for bringing on record her legal heirs were required to be taken. It is in the aforesaid backdrop that order dtd. 15/7/2022 was passed, whereby the application preferred seeking condonation of delay i.e. CMP(M) No.695 of 2020 was dismissed for non-prosecution. The order sought to be recalled is being reproduced herein below:-

(3.) The application bearing No.9691 of 2025 filed under Order IX Rule 9 read with Sec. 151 CPC seeking setting aside of order dtd. 15/7/2022 and for restoration of CMP(M) No.695 of 2020 is accompanied by an application seeking condonation of delay in filing of the same. The application seeking condonation of delay is CMP(M) No.671 of 2025. There is a delay of 853 days in filing of the same. It is this application, which is being considered.