Allowed

Shaniram v. Sohdabai

Chhattisgarh HC3 Nov 2023MCC/366/2017

Case brief

AI extract

What is this about?

The High Court allowed an application for condonation of 11 years and 10 months delay in filing a Manual Correction for Case (MCC) under Section 5 of the Limitation Act. The court imposed a penalty and restored the underlying MA No. 1654 of 1997 to its original number.

What did the court decide?

Application for condonation of delay allowed; cost of Rs.5000 imposed; impugned M.A. No. 1654 of 1997 restored to original number.

Shaniram Vs Sohdabai — Civil Procedure and Limitation | Chhattisgarh HC (2023)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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MCC No. 366 of 2017

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1 - Shaniram S/o Lakhiram Marar, Aged About 60 Years R/o Chhote-Patni, P.O. Garhphuljhar, P.S. Basna, Tehsil Saraipali, Distt. Raipur M.P. Now Chhattisgarh.

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---- Applicant

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Versus

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1 - Sohdabai W/o Suurudao Kewat, Aged About 50 Years R/ o Chhote-Patni, P.O. Garhphuljhar, P.S. Basna, Tehsil Saraipali, Distt. Raipur M.P. Now Chhattisgarh, Chhattisgarh

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2 - Abhilal S/o Shurudao, Through General Power Of Attorney Holder- Dharamlal S/o Sohatram Nishad R/o Chhote-Patni, P.O. Garhphuljhar, P.S. Basna, Tehsil Saraipali, Distt. Raipur M.P. Now Chhattisgarh, District : Raipur, Chhattisgarh

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3 - Babulal S/o Shurudao,Through General Power Of Attorney Holder- Dharamlal S/o Sohatram Nishad R/o Chhote-Patni, P.O. Garhphuljhar, P.S. Basna, Tehsil Saraipali, Distt. Raipur M.P. Now Chhattisgarh, District : Raipur, Chhattisgarh

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4 - Ujagar Singh S/o Shurudao,Through General Power Of Attorney Holder- Dharamlal S/o Sohatram Nishad R/o Chhote-Patni, P.O. Garhphuljhar, P.S. Basna, Tehsil Saraipali, Distt. Raipur M.P. Now Chhattisgarh ...............Plaintiffs, District : Raipur, Chhattisgarh

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5 - Samundaram (Died) Through Legal Heirs As Per Honble Court Order Dated 18-08-2023.

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5.1 - (A) Parmeshwar S/o Late Samundram Aged About 49 Years R/o Village Lalmati, Post Chhotetoran, P.S. Sakra, District : Mahasamund, Chhattisgarh

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5.2 - (B) Pardeshi S/o Late Samundram Aged About 47 Years

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R/o Village Hanumandihi, Post Ghoch, P.S. Pithoura, District : Mahasamund, Chhattisgarh

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5.3 - (C) Mathura D/o Late Samundram Aged About 46 Years R/o Village Tendwahi, Post And P.S. Patewa, District : Mahasamund, Chhattisgarh

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5.4 - (D) Annu D/o Late Samundram Aged About 45 Years R/o Village And Post Kala Thakurdiya, P.S. Pithoura, District : Mahasamund, Chhattisgarh

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5.5 - (E) Chhannu S/o Late Samundram Aged About 42 Years

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R/o Village Ghonghi Bahra, P.S. Mahasamund, District : Mahasamund, Chhattisgarh

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5.6 - (F) Lata D/o Samundram Aged About 44 Years R/o Village Dond, Post And P.S. Bar, District : Mahasamund, Chhattisgarh

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5.7 - (G) Milwantin D/o Samundram Aged About 42 Years R/o Village Gabod, Post Gagod, P.S. Sankra, District : Mahasamund, Chhattisgarh

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6 - Deleted (Rajkunwar) As Per Honble Court Order Dated 29.06.2018.

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7 - Chaitram S/o Lakhiram Marar, Aged About 22 Years Through General Power Of Attorney Holder- Dharamlal S/o Sohatram Nishad R/o Chhote-Patni, P.O. Garhphuljhar, P.S. Basna, Tehsil Saraipali, Distt. Raipur M.P. Now Chhattisgarh

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---- Respondents

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For Applicant : Mr. Keshav Dewangan, Adv For Res. Nos. 1 to 4 : Ms. Prachi Singh on behalf of Mr. Shikhar Sharma, Adv. For Res. Nos. 5 (1 to 5G): Ms. Seema Singh, Advocate.

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Hon'ble Shri Naresh Kumar Chandravanshi Order On Board

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03/11/2023

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1. Heard on I.A. No. 01 of 2017, an application for condonation of delay in filing instant MCC under section 5 of limitation Act.

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2. Learned counsel for the applicant would submit that there is a huge delay of 11 years and 10 months, as the applicant is an illiterate villager and due to lack of knowledge there is a

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bonafide mistake in filing the instant MCC.

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3. Learned counsel appearing for the respondents No.1 to 4 raises the strong objection regarding the instant MCC. She would further submits that a heavy cost may be imposed upon the applicant for such a huge delay.

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4. Having considering the facts of the case and the objection raised by the learned counsel for the respondents No.1 to 4, who is said to be a contesting party in original suit. In the interest of justice, I am inclined to allow the aforesaid application with a cost of Rs.5000/-, which shall be paid by the applicant to the respondents No.1 to 4 and he is directed to file an affidavit in this regard and the P.F. be paid with the aforesaid cost to the respondents No.1 to 4 along with the receipt, on next date of hearing.

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5. On due consideration and for the reasons mentioned in the MCC application is allowed and the huge delay of 11 years and 10 months is hereby condoned with the cost, as mentioned in preceding paragraph.

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6. Learned counsel appearing for the applicant submits that the original case, i.e., M.A. No. 1654 of 1997 was dismissed for compliance of the peremptory order.

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7. Learned counsel appearing for the respondents No. 1 to 4 raised the formal objection.

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8. Ultimately, the case has to be decided on its own merit so

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that complete justice could be done, in dismissing the case on technical ground and cannot be said to be that injustice has been done. Hence, MCC filed by applicant is hereby allowed and MA No. 1654 of 1997 is restored to its original Number.

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9. Accordingly, MCC is allowed.

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10. Registry is directed do the needful.

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Sd/( Naresh Kumar Chandravanshi ) Judge

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vaishali

Shaniram v. Sohdabai

Case brief

What is this about?

What did the court decide?

Shaniram v. Sohdabai

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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