Allowed

Dwarka v. Kamta Bai

Chhattisgarh HC7 Dec 2015MCC/961/2015

Case brief

AI extract

What is this about?

This order condones a six-day delay in filing an additional set of copies (M.C.C) for a second appeal. The court further restores the dismissed second appeal to its original number, allowing the party to cure the non-compliance within ten days.

What did the court decide?

The I.A. for condonation of delay is allowed; the M.C.C. is filed; the dismissed second appeal is restored to its original number on the condition of curing the default within ten days.

Dwarka Vs Kamta Bai — Civil Procedure and Limitation | Chhattisgarh HC (2015)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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MCC No. 961 of 2015

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Dwarka S/o Prabhuram Lodhi, aged about 40 years, R/o Village Suradabri, Tahsil- Chuikhadan, Police Station- Chuikhadan, Civil & Revenue District Rajnandgaon, Chhattisgarh ..........(Plaintiff No.1)

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----Applicant

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Versus

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Kamta Bai D/o Prabhuram Lodhi, W/o Heeralal Lodhi, R/o Singhanpuri, Tahsil Sahaspur, Lohara, Distt. Kabirdham, Chhattisgarh

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Kuwariya Bai D/o Prabhuram Lodhi, W/o Dujram Lodhi, R/o Tandar, Tahsil Chuikhadan, Distt. Rajnandgaon, Chhattisgarh

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Kushal Bai D/o Prabhuram, W/o Mannulal Lodhi, R/o Bhulatolda, Tahsil- Khairagarh, Distt. Rajnandgaon, Chhattisgarh

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Smt. Bagwantin Bai Wd/o Prabhuram Lodhi, aged about 65 years, R/o Suradabri, Tahsil- Chuikhadan, Distt. Rajnandgaon, Chhattisgarh ..........(Defendant No.1 To 4)

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Santram S/o Prabhuram Lodhi, aged about 45 years, R/o Village Suradabri Tahsil Chuikhadan District- Rajnandgaon, Chhattisgarh ...........(Plaintiff No.2)

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State of Chhattisgarh through the Collector, Rajnandgaon, Distt. Rajnandgaon, Chhattisgarh ..........(Defendant No.5)

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---- Respondents/Non-applicants

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For Applicant – Shri Wasim Miyan, Advocate. For Respondents 1 to 5 – None, not noticed. For Respondent No.6 – Shri Aditya Sharma, Panel Lawyer.

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Hon'ble Shri Justice Chandra Bhushan Bajpai

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Order on Board

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07/12/2015

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Heard on I.A.No.1/15 for condonation of delay in filing the M.C.C.

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The present M.C.C. has been filed after 06 days of its limitation.

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It is submitted on behalf of the applicant that Second Appeal 518/2015 stands dismissed as there was peremptory order dated 23-09-

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2015 and the default was not removed within the stipulated time.

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On due consideration, I.A.No.1/15 is hereby allowed and the delay

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in filing the instant M.C.C. is hereby condoned.

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Also heard the instant M.C.C. finally.

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It is submitted on behalf of the applicant that they will remove the default within 10 days from now in the matter.

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On due consideration, the instant M.C.C. is hereby allowed and Second Appeal No.518/2015 (Dwarka Vs. Kamta Bai & Others) dismissed on account of non-compliance of peremptory order dated 23-09-2015 is restored to its original number subject to the condition that the default in the second appeal be made good within 10 days from now.

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The M.C.C. disposed of.

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No order as to cost.

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Sd/-

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(Chandra Bhushan Bajpai)

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JUDGE

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Aadil

Dwarka v. Kamta Bai

Case brief

What is this about?

What did the court decide?

Dwarka v. Kamta Bai

Case brief

What is this about?

What did the court decide?

What the court decided

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