The High Court of Chhattisgarh, Bilaspur, dismissed an application for condonation of delay and a subsequent special memorandum of complaints. The court found the 837-day delay insufficiently explained by counsel neglect and granted dismissal.
IA No. 1/16 for condonation of delay dismissed; MCC dismissed as barred by limitation.
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
MCC No. 872 of 2016
Nirakar Kewat S/o Laxman Kewat, Aged About 60 Years OccupationAgriculture Labourer & Marginal Farmer, R/o Village Guarbahari, Tah. Gharghora, District Raigarh, Chhattisgarh
---- Applicant
Versus
---- Respondents
| --------------------------------------- For applicant |
-------------------------------------------------------- : Mr. B.D. Badgaiyan, Adv. |
|---|---|
| For Respondent No. 2/State | : Mr. Sumit Jhanwar, Adv. on advance copy |
| For Respondent No. 1 | : Not noticed. |
O R D E R
8-12-2016
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applicant did not meet his counsel for last 2 years and suddenly came to inquire about his case may not be held as satisfactory cause for such a long delay of 837 days.
Sd/(Chandra Bhushan Bajpai) Judge
Pathak
3 issues framed by the court
Whether the condonation of delay application should be accepted given an 837-day delay in filing the special memorandum of complaints.
Whether the explanation of counsel neglect and failure to meet the applicant constitutes a satisfactory cause for such a long delay.
Whether the special memorandum of complaints is barred by limitation due to failure to file the condonation of delay application.
Nirakar Kewat
Gopiram
State Of Chhattisgarh
Chandra Bhushan Bajpai
Pathak
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
