!! 1 !! S.B. CIVIL MISC. APPEAL NO.1249/2008 (LRs of late Shankar Singh Vs. Bhanwar Lal & Anr.) Date of order :: 04.11.2009 HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS Mr.N.R. Choudhary, for the appellants. Mr.Himansu Shrimali, for the respondents. Heard learned counsel for the parties and perused the impugned order. The application filed by the appellants for bringing them on record as appellants due to death of original appellant was dismissed by the learned trial court on the ground that application was filed after delay of 248 days and no reasonable explanation have been furnished by the appellants before the trial court for filing application after delay of 248 days. Learned counsel for the appellants submits that as per adjudication made by the Hon'ble Supreme Court and Rajasthan High Court reported in AIR 2004 SC 4346 (K.Rudrappa v. Shivappa) and RLW 2005 (1) Raj. 270 (Mohan Devi @ Mohini Devi (Smt.) vs. LRS of Himmat Lal Menaria) respectively, the delay was to be condoned by the trial court for the purpose of allowing application filed by the appellants for impleading !! 2 !! them as appellants. For the reasons mentioned in this appeal, I am of the opinion that the order or learned trial court is not justified. The delay was to be condoned upon the reasons furnished by the appellants before the appellate court, but it has not been done, which is not proper. In this view of the matter, the impugned order dated 12th August, 2008 is hereby set aside and the application filed by the appellants before the Additional District & Sessions Judge, Barmer for impleading them as appellants is allowed and matter is remitted to the appellate court for deciding the appeal on merits. However, the appellants No.1/2 to 1/4 are directed to pay the cost of Rs.1500/- to the respondents. With the above observations/directions, this misc. appeal is disposed of. (GOPAL KRISHAN VYAS),J. A.K. Chouhan/- A.K. Chouhan/-