In a miscellaneous appeal dismissed for want of prosecution in 2009, the High Court of Chhattisgarh on re-admission application allowed restoration to the original date due to a fraud claim affidavit.
The application for re-admission and restoration of the miscellaneous appeal to its original date is allowed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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BEFORE THE HON'BLE HIGH COURT OF CHHATTISGARH AT
BILASPUR
' M.C.C. No. /2010
IN MISC. APPEAL. f C ^ No. 975 / 2009
(Dismissed for want of prosecution on 15/12/2009)
APPELLANT
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Shatrughan Dhruv
S/o Ganga Ram Dhruv Aged about 31 years Caste Gond R/o Village Dhawalpur, Thana Mainpur District Raipur (C.G.) (Driver and Owner of Vehicle Tractor bearing Regd. No. CG -06 A-0402 and Trolley No. CG-06/A403)
VERSUS
RESPONDENTS:
1-
Devki Bai
Wd/o Late Jagram Aged about 30 years, Caste Kamar R/o Village Timanpur, Thana Mainpur District Raipur (C.G.) ( Claimant)
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2- The Oriental Insurance Company Limited Through Regional Manager Jail Road Tehsil & District Raipur (C.G.) (Insurer of Vehicte Tractor bearing Regd. No. CG -06 A-0402 and Trolley No. CG-06/A-403)
^^ APPLICATION FOR RE-ADMISSION / RESTORATION OF THE CASE UNDER ORDER 41 RULE 19 OF THE CIVIL PROCEDURE CODE
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| 5.B. Hon'bteShriJusttee N.K. B2.07.2010 |
Irwal | |
| Shri Hemarrt Kesarwani, Advo Heard on IA No. 1 , applicatic |
<>rderdated 15.12.2009on reeord. On due consideration, the a^ ^ame istaken on reoord. Also heard on application f< ^75/2009. |
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| hll^lNla^»^ | 1 Learned counsel appearing fi ^he counsel for the appellant couh ()onafide mistake, therefore, MA(CI ^ismissed on 15.12.2009, maybere |
jr the appellant sulwiit®that p not appear on aGGOimt of > N6. 975/2009, wliich was ^toredtottsorigjnatfite: |
| On due consideration, 1 am ippellant issucceeded Sn explainln refore, the applteatlon is allowed |
>redto itsoriginalfite. ^ |
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| A copy of this order be ippeal and the same be listed for /eeks. placf t |
Bd on record of the originat ^earing immediately after two Sd/- N.K.Agrawal Judge |
&ihu
1 issue framed by the court
Whether the miscellaneous appeal dismissed for want of prosecution on 15/12/2009 should be restored to its original date due to affidavit stating mistake of fact.
1 provisions across 1 enactments
Shatrughan Dhruv
Devki Bai
Oriental Insurance Company Limited
N.K. Agrawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
