The High Court of Chhattisgarh allowed an application restoring First Appeal No. 91 of 2015, dismissed earlier for want of prosecution. The court held that counsel's valid absence on the hearing date justified condoning the delay.
First Appeal No. 91 of 2015 is restored in 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. 1107 of 2019
All are R/o Faij Nagar , Talapara, Bilaspur Tahsil And District Bilaspur Chhattisgarh
---- Applicants
Versus
---- Respondents
For the applicants : Mr. Rajbahadur Singh, Adv. For respondents : Mr. D. C. Verma, G.A.
Hon'ble Shri Justice Sharad Kumar Gupta Order On Board
11.12.2019
Sd/-
(Sharad Kumar Gupta) Judge
Parul
2 issues framed by the court
Whether the application to restore a first appeal dismissed for want of prosecution within the limitation period should be allowed.
Whether the absence of counsel for applicants on the fixed hearing date constitutes a just and sufficient ground for condoning the delay.
Mahmuda Begam Wd/o Late Abdul Rahim Khan
Jarina Rahim Khan W/o Abdul Rahim Khan
Ku. Ajara Begam @ Karina D/o Abdul Rahim Khan
Fatima Begam W/o Saayyed Abdul Naeem
State Of Chhattisgarh Through The Collector, Bilaspur Distt.
Sharad Kumar Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
