Single judge order condoning delay in filing MCC No. 820 of 2015 and allowing the restoration of First Appeal No. 08/2006 which was dismissed for want of prosecution.
I.A. No. 01/2015 for condonation of delay and MCC No. 820/2015 for restoration of First Appeal No. 08/2006 are 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.
1
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
MCC No. 820 of 2015
---- Applicants
Versus
---- Non-applicants
For Applicants : Shri Anand Kumar Shukla, Advocate. For Non-applicant : Shri Om Prakash Sahu, Government Advocate for the State.
Hon'ble Shri Justice Sanjay K. Agrawal Order On Board
09/10/2015
(1) Heard on the question of the application for condonation of delay in filing the MCC (I.A.No.01/2015).
2
(3) Shri Om Prakash Sahu, Government Advocate accepts notice of behalf of the State.
(5) On due consideration, I am satisfied that the applicants have 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.
(8) Shri Om Prakash Sahu, Government Advocate accepts notice on behalf of the State.
(9) The applicants are seeking restoration of First Appeal No.08/2006 which was dismissed for want of prosecution vide order dated 31.10.2013.
(10) 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 31.10.2013 when First Appeal No.08/2006 was taken-up for hearing was based on bonafide grounds.
(11) Accordingly, M.C.C. No.820/2015 is allowed and First Appeal No.08/2006 is restored to its original number.
Sd/-
(Sanjay K. Agrawal) Judge
3
2 issues framed by the court
Whether the delay in filing the Motion for Correction/Certified Copy is condonable.
Whether the application for restoration of the first appeal deserves allowability.
Late Rameshwar Prasad, 1a Rajesh Kumar Tiwari, 1b Ashish Kumar Tiwari, 1c Anjana Pandey, 1d Archana Tiwari, 1e Alpana Mishra, 1f Kamla Tiwari
State of Chhattisgarh
Sanjay K. Agrawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
