This order dismissed an application for condonation of delay for filing a Miscellaneous Civil Case. The High Court held the appeal was non-prosecuted months ago and failed to explain the 754-day delay. Consequently, the case was barred by limitation.
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. 708 of 2016
---- Applicants/appellants
Versus
---- Respondents
For Applicants – Shri H.S.Patel, Advocate. For Respondents No.1 – Shri Manoj Kumar Sinha, Advocate. For Respondent No.2 – Shri Santosh Kumar Sahu, Advocate. For Respondent No.3 – Shri Ramakant Pandey, Panel Lawyer.
Hon'ble Shri Justice Chandra Bhushan Bajpai Order on Board
05-12-2016
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prosecution, they have filed the instant MCC for restoration.
Sd/- (Chandra Bhushan Bajpai) JUDGE
Aadil
2 issues framed by the court
Whether an application for condonation of delay exceeding 754 days is maintainable when the applicant fails to explain the default satisfactorily.
Whether a Miscellaneous Civil Case filed after the limitation period can be allowed for restoration of a non-prosecuted appeal.
Smt. Indumati Wd/o Shri Rewati Prasad Kalar
Ku. Gayatri D/o Late Rewati Prasad Kalar
Ku. Chameli D/o Late Rewati Prasad Kalar
Ku. Sunita D/o Late Rewati Prasad Kalar
Smt. Bhagwati W/o Shri Hetram Kalar
Smt. Jalmati W/o Shri Ramkushal Rathore
Chandra Bhushan Bajpai
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
