The Chhattisgarh High Court allowed an MCC against the dismissal of second appeal SA No.263 of 2015 for want of prosecution, restoring it to its original number.
The second appeal SA No.263 of 2015 dismissed for want of prosecution is hereby 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.
1
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
MCC No.1060 of 2015
1. Sameer Shukla S/O Suresh Kumar Shukla, Aged About 35 Years R/O Village Kera, Tehsil Nawagarh, District Janjgir Champa (Chhattisgarh)
2. Suresh Shukla S/O Shatruhan Prasad Shukla, Aged About 73 Years R/O Village Kera, Tehsil Nawagarh, District Janjgir Champa (Chhattisgarh)
---- Applicants
Versus
1. Jhamman Shukla S/O Padmanath Shukla, Aged About 65 Years,
2. Rajesh Kumar S/O Padmanath Shukla, Aged About 58 Years,
3. Rakesh Kumar S/O Padmanath Shukla, Aged About 53 Years,
4. Smt. Pramila D/O Padmanath Shukla, Aged About 57 Years,
5. Smt. Premlata D/O Padmanath Shukla, Aged About 55 Years, All are R/O Village Kera, Tehsil Nawagarh, District Janjgir Champa (Chhattisgarh)
6. State Of Chhattisgarh Through The Collector, Janjgir, District Janjgir Champa (Chhattisgarh)
---- Respondents
Shri Suyash Dhar, counsel for the applicants. Shri SC Khakharia, Dy. Advocate General for the State.
Hon'ble Shri Justice Chandra Bhushan Bajpai
Order
11.01.2016
Heard.
2 . Learned counsel for the applicant submits that the instant MCC, preferred within its limitation, is against the order dated 14.12.2015 passed in SA No.263 of 2015 (Sameer Shukla & Anr. vs. Jhamman Shukla & Ors.), whereby and whereunder, the learned Court dismissed the second appeal for want of prosecution as no one represented the applicants when the case was called up for hearing.
2
3 . On due consideration of the reasons mentioned in the petition,
the same is allowed. SA No.263/2015 dismissed for want of prosecution on 14.12.2015 is hereby restored to its original number. No order as to cost.
Sd/-
(Chandra Bhushan Bajpai) JUDGE
Bini
1 issue framed by the court
Whether the second appeal number should be restored after dismissal for want of prosecution?
Sameer Shukla
Suresh Shukla
Jhamman Shukla
Rajesh Kumar
Rakesh Kumar
Smt. Pramila
Chandra Bhushan Bajpai
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
