Allowed

Shri Ramlal S/O Karamchand Soni (Dead) Thr. Lrs. Smt. Nirmalabai Wd/O Ramlal Soni and Others v. Shri Ghanshyam Baburao Farkade and Others

Bombay HC2 Nov 2023CAO/1363/2023

Case brief

AI extract

What is this about?

The High Court condoned a 417-day delay in filing a restoration application for a Second Appeal due to an advocate's oversight. The court allowed the application, imposed costs, set aside the dismissal order, and directed the registry to register the appeal.

What did the court decide?

Delay condoned; application allowed; dismissal order set aside; registry directed to register Second Appeal.

Shri Ramlal S/O Karamchand Soni (Dead) Thr… — Civil Procedure and Limitation | Bombay HC (2023)

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1 8 cao 1363-2023

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR

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CIVIL APPLICATION (CAO) NO.1363/2023 IN MISC. CIVIL APPLICATION ST. NO.20997/2023 IN

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SECOND APPEAL ST. NO.9821/2022 (REJECTED)

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Shri Ramlal s/o Karamchand Soni (dead) thr. LR’s Smt. Niramalabai wd/o Ramlal

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Soni and others Vs.

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Shri Ghanshyam Baburao Farkade and others

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Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions and Registrar's orders

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Court's or Judge's orders

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- - - - Shri H.I. Kothari, Advocate for appellants

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CORAM : SMT. M.S. JAWALKAR, J. DATED : 02/11/2023

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The application is filed for condonation of delay of 417 days in filing application for restoration of Second Appeal. Second Appeal Stamp No.9821/2022 came to be dismissed for want of removal of office objections by the order of the Register (Judicial) dated 04/08/2022. Due to oversight on the part of the Advocate, the objections could not be removed and when it was noticed, the matter was dismissed.

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The application is supported by affidavit of Advocate.

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As such, I am inclined to allow the application, subject to costs of Rs.1000/-, as

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2 8 cao 1363-2023

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Advocate has not shown due diligence. Accordingly, the application is allowed.

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The delay in filing restoration application is hereby condoned subject to costs of Rs.1000/- to be paid to the Vidarbha Lady Lawyers Association, Nagpur within a period of two weeks.

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The Registry is directed to register the Misc. Civil Application.

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The application stands disposed of accordingly.

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MISC. CIVIL APPLICATION ST. NO.20997/2023

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The present application is filed for restoration of second appeal which was rejected by the order of the Registrar (Judicial). The Registrar (Judicial) passed conditional order on 04/08/2022, for removal of office objections. After lapse of 14 days period, the Second Appeal Stamp No.9821/2022 is dismissed.

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It is submitted that due to oversight on the part of Advocate, the office objections could not be removed. As the application is supported by affidavit of learned Counsel for appellant, the application is allowed.

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3 8 cao 1363-2023

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The order passed by the Registrar (Judicial) dated 04/08/2022 is hereby set aside.

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The Registry is directed to register the Second Appeal on its original stamp number, subject to costs as directed above in Civil Application No.1303/2023.

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After registration of Second Appeal, appellant to remove office objections within two weeks.

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JUDGE

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R.S. Sahare

Shri Ramlal S/O Karamchand Soni (Dead) Thr. Lrs. Smt. Nirmalabai Wd/O Ramlal Soni and Others v. Shri Ghanshyam Baburao Farkade and Others

Case brief

What is this about?

What did the court decide?

Shri Ramlal S/O Karamchand Soni (Dead) Thr. Lrs. Smt. Nirmalabai Wd/O Ramlal Soni and Others v. Shri Ghanshyam Baburao Farkade and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

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