The High Court of Chhattisgarh allowed an application for condonation of delay in filing the M.C.C. and restored a Second Appeal to its original number after finding the absence of counsel was based on bona fide grounds.
M.C.C. No. 414/2015 is allowed and Second Appeal No. 263/2001 is 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.
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
MCC No. 414 of 2015
Bauda S/o Chandu Raot (Rawat) Aged About 65 Years R/o Village Achhola, P.S. Tumgaon, Tahsil Mahasamund, Civil And Revenue District Mahasamund Chhattisgarh
---- Applicant
Versus
Krishna Kumar S/o Ramadhin Chandrakar Aged About 65 Years R/o Village Achhola, P.S. Tumgaon, Tahsil Mahasamund, Civil And Revenu District Mahasamund, Chhattisgarh
---- Respondent
For Applicant : Shri Sunil Sahu, Advocate.
For Respondent : Shri Manoj Paranjpe, Advocate.
Hon'ble Shri Justice Sanjay K. Agrawal
Order On Board
05/11/2015
(1) Heard on I.A. No.1/2015, which is an application for condonation of delay in filing the M.C.C..
(2) On due consideration, I am satisfied that the applicant has succeeded in explaining the cause of delay in filing the M.C.C. and, therefore, the application { I.A. No.1/2015} is allowed. Delay in filing the M.C.C. is condoned.
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(5) On due consideration of the submissions of the learned counsel for the applicant and the grounds taken in the restoration petition, I am satisfied that the absence of the applicant’s counsel on 19.02.2014 when Second Appeal No.263/2001 was taken-up for hearing was based on bona fide grounds.
(6) M.C.C. No. 414/2015, therefore, is allowed and Second Appeal No.263/2001 is restored to its original number.
Sd/-
(Sanjay K. Agrawal) Judge
D/-
2 issues framed by the court
Whether application for condonation of delay in filing the Miscellaneous Civil Cause (M.C.C.) should be allowed.
Whether the petition for restoration of a Second Appeal dismissed for want of prosecution should be granted.
Bauda S/o Chandu Raot
Krishna Kumar S/o Ramadhin Chandrakar
Sanjay K. Agrawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
