This order dismissed a petition for restoring a second appeal dismissed for want of prosecution. The court held that the remedy under Order 22 Rule 9 CPC regarding abatement was available, allowing withdrawal with liberty.
Petition dismissed as withdrawn with liberty to file separate petition under Order 22 Rule 9 CPC.
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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HIGH COURT OF CHHATTISGARH AT BILASPUR
M.C.C. N0. 474/2011
Applicants la. Nankishore Yadav aged about 34 L.R's ofAppellants S/o Ratanlal Yadav, R/o years, English School Ke Pass, Banglapara, Narayanpur, Ib. Smt Hemlata Yadav aged about 30 W/o Sharad Yadav, years, Annupurnapara, Sunni Kabristan Ke Pass, Kanker lc. Smt Rita Yadav aged about 28 years, S/o ShivMandir Ward Mahadevghat Narayanpur 2a. Smt Dropati aged about 57 years, W/o Late Bhuneshwar, R/o Jagdish Mandir, Ward No. 9, Narayanpur 2b. Devlal Devangan aged about 39 years, 2c. Chumanlal Dewangan aged about 23 years, Applicant no. 2b and 2c S/o Bhuneshwar, R/o Jagdish Mandir Ward Nagar Panchayat Narayanpur, Distt. Narayanpur 2d. Smt Puspa Dewangan aged about 35 years, W/o Jugdhar Dewangan R/o village Mulmula Tahsil Kondagaon, Distt. Bastar 2e. Smt Sangita Dewangan aged about 29 years, W/o Ramesh K. Dewangan, R/o village Palari, Tah. Kondagaon, Distt. Bastar 3a. Smt Matibai Dewangan aged about 45 years, W/o LateGangadhar 3b. Santosh Kumar Dewangan aged about 28 years, S/o Late Gangadhar 3c. Smt Namita Dewangan aged about 24 years, D/o Gangadhar Dewangan 3d. Bodhan Dewangan aged about 22
Smt Matibai Dewangan aged about 45 years, W/o LateGangadhar Santosh Kumar Dewangan aged about 28 years, S/o Late Gangadhar Smt Namita Dewangan aged about 24 years, D/o Gangadhar Dewangan Bodhan Dewangan aged about 22 years, S/o Late Gangadhar Applicant No. 3a to 3d are R/o Jagdish Mandir Ward No. 9, Narayanpur
Versus Respondents 1. 2. 3. L.R's ofAppellant No. 1 5.
Gujbati Bai D/o Shir Dauram Ganda aged about 45 years, R/o Karlakh Tahsil Narayanpur, Distt. Bastar Deolal S/o Ramchandra Ganda aged about 35 years, R/o Antagarh Tahsil Narayanpur, Distt. Bastar
Deonath aged about 25 years, S/o Ramchandra Ganda R/o Antagarh Tahsil Narayanpur, Distt. Bastar Lachchho Bai W/o Shri Duklu Ganda Aged about SQyear, R/o Pungogaon, Tahsil Narayanpur, Dsitt. Bast.ar Santosh Yadav S/o late Ratiram
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Smt Peelabati Yadav, W/o Gangaram yadav Village Bharka Tahsil Keshkal Distt. Bastar
APPLICATION FOR RESTORATION.
(SB :Hon'ble Mr. T.P.Sharma, J.)
Present:- Shri Parag Kotecha, Advocate for the petitioners. Respondents not noticed.
QRAL-QRDER
(Passedon 05/08/2011)
No order as to costs.
Sd/T.P. Sharma Judge
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1 issue framed by the court
Whether to allow restoration of a second appeal dismissed for want of prosecution when appellants had died.
1 provisions across 1 enactments
Nankishore Yadav and others
Unnoticed
T. P. Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
