The High Court of Chhattisgarh condoned the delay in filing a Miscellaneous Civil Complaint (MCC) and restored a Second Appeal dismissed for want of prosecution. The court found the cause for delay to be bonafide.
The application for condonation of delay was allowed; the Second Appeal was restored.
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. 810 of 2015
Versus
Both are resident of Village Mendra Khurd, Police Station & Tahsil Ambikapur, District Surguja (C.G.)
Both are resident of Deviganj Ward, Ambikapur, Police Station & Tahsil Ambikapur, District Surguja (C.G.)
---- Non-applicants
For Applicants : Shri A.K. Prasad, Advocate.
Hon'ble Shri Justice Sanjay K. Agrawal Order On Board
12/10/2015
(1) Heard on I.A.No.01/2015, an application for condonation of delay in filing the MCC.
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succeeded in explaining the cause of delay in filing the MCC and, therefore, I.A.No.01/2015 is allowed. Delay in filing the MCC is condoned.
(3) Learned counsel for the applicants is heard on restoration application.
(4) The applicants are seeking restoration of Second Appeal No.704/2003 which was dismissed for want of prosecution vide order dated 17.04.2015.
(5) On due consideration of the submissions of the learned counsel for the applicants and the grounds taken in the restoration application, I am satisfied that the absence of the applicants' counsel on 17.04.2015 when Second Appeal No.704/2003 was taken-up for hearing was based on bonafide grounds.
(6) Accordingly, M.C.C. No.810/2015 is allowed and Second Appeal No.704/2003 is restored to its original number.
Sd/-
(Sanjay K. Agrawal) Judge
L/-
2 issues framed by the court
Whether the delay in filing the Miscellaneous Civil Complaint should be condoned.
Whether the Second Appeal dismissed for want of prosecution should be restored.
Meena Singh
Aparna Singh
Rambux
Maniram
Uma Devi
Nisha Singh
Sanjay K. Agrawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
