The Chhattisgarh High Court allowed an application for restoration of M.A. (C) No. 1481 of 2009 dismissed for want of prosecution. The court was satisfied that sufficient cause was established for the counsel's non-appearance on the dismissal date.
Application MCC No. 447/2012 allowed; M.A. (C) No. 1481 of 2009 restored to its original number.
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.
^SK ^SK.
tl-
)1
HIGH COURT OF CHHATTISGARH AT BILASPUR
Single Bench: Hon' ble Shri R.N. Chandrakar, J
WI.C.C.No. 447/2012
| Applicants/ Appellants |
1. | Itwaru Ram s/o. Tiru Ram Gawde, aged about 32 years. |
|---|---|---|
| 2. | Smt. Geeta Bai, w/o. Itwaru Ram, aged afeout 30 years. |
|
| Both by caste-Gond and both are r/o. village Penwari, P.S. & Tahsil Bhanupratappur, District North Bastar Canker (CG). Vs. |
||
| Respondents Driver |
1. | Rakesh Sahu, s/o. Tilak Ram Sahu, aged about 21 years, caste Teli, r/o. village Nayapara, Antagarh, P.S. & Tahsil Antagarh, District North Bastar Canker (CG). |
| Owner | 2. | Somnath Uike, s/o. Bajjuram Uike, aged about 28 years, Caste Gond, r/o. village Lompuri, P.S. & Tahsil Antagarh, District North Bastar Canker (CG). |
| Insurer | 3. | The New India Insurance Company Limited, Branch Office Sparsh Automobiles, B.L.T.Dd., Raipur (CG), Raipur (CG). |
| (Application | forrestora | tion of M.A. (C) No. 1481 of2009) |
Present:
Shri Manoj Mishra, counselfor the applicants.
Oral Order
(Passedonl 1-6-2012)
HBI BKI I6^i%l
tga
On due consideration of the reasons assigned in the application which is also supported by affidavit of the learned counsel for the applicants, 1 am satisfied that the applicants have established sufficient cause for non-appearance of the counsel for the appellantson 21-3-2012.
-f
Accordingly, M.C.C.No. 447/2012 is allowed and M.A. (C) No. **\
1481 of 2009 is directed to be restored to its original number.
! Sd/R.N. Chandrakar Judge
Raju
^
1 issue framed by the court
Whether the applicants establish sufficient cause for non-appearance to allow restoration of the Misc. Appeal.
Itwaru Ram s/o. Tiru Ram Gawde
Smt. Geeta Bai w/o. Itwaru Ram
Rakesh Sahu
Somnath Uike
The New India Insurance Company Limited
R.N. Chandrakar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
