The High Court of Chhattisgarh allowed an MCC seeking restoration of a suit previously dismissed for non-compliance. The court ordered payment of costs and filing of proof within 10 days, warning of automatic dissolution for default.
SA No.863 of 2019 restored to original number; payment of Rs.2,000 costs and filing proof within 10 days ordered.
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. 197 of 20 22
1- Lalaram S/o Peruram Aged About 58 Years Resident Of Village Oteband, Police Station Nandani, Tehsil Dhamdha, District Durg Chhattisgarh.
---- Applicant
Versus
---- Non-applicants
(Cause-title taken from Case Information System)
-----------------------------------------------------------------------------------------------------For Applicant : Mr. A.C. Sahu, Advocate For Non-applicant/State : Mr. Ali Asgar, Dy. A.G.
Hon'ble Shri Justice Sanjay K. Agrawal Order On Board
06. 10.2023
1. Heard.
2. This MCC has been filed seeking restoration of SA No.863 of 2019 which was dismissed for non-compliance of peremptory order dated
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11.12.2020.
3. For the reasons stated in the application, the same is allowed. SA No.863 of 2019 is restored to its original number subject to payment of cost of Rs.2,000/- (Rupees Two Thousand Only) before the High Court Legal Services Committee and file proof thereof before this Court within 10 days from today. It is made clear that failure to deposit amount of cost by the applicant within time will lead to automatic dissolution of this order.
4. Accordingly, the MCC is allowed .
Sd/- (Sanjay K. Agrawal) Judge
s@if
2 issues framed by the court
Whether to allow the motion for restoration of civil suit dismissed for non-compliance.
Whether to impose costs and specify compliance period for the restored suit.
Lalaram S/o Peruram
Radheyshaym S/o Late Lakhan Lal Sharma
Chandrika Prasad S/o Late Lakhan Lal Sharma
Manharan Lal S/o Late Lakhan Lal Sharma
Mukesh Sharma S/o Late Aatmaram Sharma
Sanjay Sharma S/o Aatmaram Sharma
Sanjay K. Agrawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
