High Court of Chhattisgarh allowed an IA for condonation of delay and order in an MCC restoring a suit dismissed for want of prosecution. Court found sufficient cause for counsel's non-appearance on the dismissal date.
IA for condonation of delay is allowed; SA No.300/2005 dismissed for want of prosecution is restored.
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. 96 of 2018
• Nathun (Dead) Through LR's 1.1 - Suresh Prasad Kushwaha S/o Late Nathun Aged About 40 Years R/o Mohalla Koiree Tola, Ward No.15, Nagar, Ramanijganj District Surguja, Chhattisgarh, Now Balrampur Ramanujganj, Chhattisgarh. ................Defendant No.3, District : Balrampur, Chhattisgarh 1.2 - Sitaram Kushwaha S/o Late Nathun Aged About 38 Years R/o Mohalla Koiree Tola, Ward No.15, Nagar, Ramanijganj District Surguja, Chhattisgarh, Now Balrampur Ramanujganj, Chhattisgarh. ................Defendant No.3, District : Balrampur, Chhattisgarh 1.3 - Birbal Kushwaha S/o Late Nathun Aged About 35 Years R/o Mohalla Koiree Tola, Ward No.15, Nagar, Ramanijganj District Surguja, Chhattisgarh, Now Balrampur Ramanujganj, Chhattisgarh. ................Defendant No.3, District : Balrampur, Chhattisgarh 1.4 - Prem Kushwaha S/o Late Nathun Aged About 32 Years R/o Mohalla Koiree Tola, Ward No.15, Nagar, Ramanijganj District Surguja, Chhattisgarh, Now Balrampur Ramanujganj, Chhattisgarh. ................Defendant No.3, District : Balrampur, Chhattisgarh ---- Applicants
Versus
All R/o Mohalla Koiree Tola, Ward No.15, Nagar, Ramanijganj, District Surguja (C.G.), Now District Balrampur - Ramanujganj
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Budhu (Dead) Through L R S
13.Jashima Khatun D/o Budhu Miya,
All R/o Mohalla Koiree Tola, Ward No.15, Nagar, Ramanujganj District Surguja (C.G.), Now District – Balarampur – Ramnujganj (C.G.)
---- Respondents
For Petitioners/Applicants : Shri A. K. Prasad, Advocate For Respondent No.1 : Shri Prasoon Agrawal, Advocate
Hon'ble Shri Justice Sanjay Agrawal
Order On Board
01/03/2018
Sd/-
Anjani
3 issues framed by the court
Whether to condone delay in filing the MCC.
Whether to restore a suit dismissed for want of prosecution due to non-appearance.
Whether sufficient cause was shown for non-appearance of counsel.
Nathun (Dead) Through LR's Suresh Prasad Kushwaha, Sitaram Kushwaha, Birbal Kushwaha, Prem Kushwaha
Balmukund Thakur, Tetree, Rambriksh (Dead) Through LRS, Sundari, Shiva Narayan, Kushumatia, Dhanmatia, Phooleshwari, Kaleshwari, Rambrikhsh, Budhu (Dead) Throug
Sanjay Agrawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
