Allowed

Nehru Singh v. Uday Singh

Chhattisgarh HC10 Nov 2023MCC/605/2019

Case brief

AI extract

What is this about?

The High Court of Chhattisgarh condensed a 45-day delay in filing the Machenchkarin Case (MCC). The court allowed the MCC and restored the earlier Suit Application (SA) No.328/2001 to its original number for hearing, subject to payment of court costs.

What did the court decide?

I.A. No.1 for condonation of delay allowed; MCC No. 605 of 2019 allowed and SA No.328/2001 restored subject to payment of cost.

Nehru Singh Vs Uday Singh — Civil Procedure and Limitation | Chhattisgarh HC (2023)

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MCC No. 605 of 2019

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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MCC No. 605 of 2019

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Nehru Singh S/o Ramnath Kanwar, aged about 39 years;

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Budheshari Singh S/o Ramnath Kanwar, aged about 30 years;

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Ishwar Singh S/o Ramnath Kanwar, aged about 28 years;

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Kaleshwar Singh S/o Ramnath Kanwar, aged about 26 years;

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Smt. Bassibarhin @ Shyam Bai W/o Hargovind Singh Kanwar;

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Rajesh, minor aged 10 years;

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Mahesh, minor aged 5 years;

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Vishesh, minor aged 3 years,

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Applicants No. 6 to 8 minors S/o Hargovind Singh Kanwar through their guardian mother Bassibarhin @ Shyam Bai,

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All are R/o Village Chhirhut, Tahsil Katghora, District Korba Chhattisgarh.

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---- Applicants

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Versus

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Uday Singh S/o Late Anjor Singh Kanwar;

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Biyashpal Singh S/o Late Anjor Singh Kanwar;

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Smt. Bund Kunwar (Died), Through Legal Heirs. As Per Hon'ble Court Order Dated. 21/07/2023. 3a. Uday Singh, Son of Late Anjor Singh Kanwar

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3b. Meghana Bai, Daughter of Late Anjor Singh Kanwar,

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MCC No. 605 of 2019

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Smt. Rukhmaniya Bai Wd/o Late Anjor Singh Kanwar,

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All respondents No.1 to 3b are R/o Village Chhirhut, Tahsil Katghora, District Korba Chhattisgarh.

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State of Chhattisgarh through Collector Korba District - Korba Chhattisgarh. (At Present Collector Korba, District Korba).

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---- Respondents

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For Applicants :- Mr. Vikash Pandey, Advocate. For State :- Mr. Ali Asgar, Dy. A.G.

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Hon'ble Shri Justice Sanjay K. Agrawal Order On Board

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10/11/2023

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Heard on I.A. No. 1, application for condonation of delay.

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After hearing learned counsel for the parties, I am of the considered opinion that sufficient cause has been shown for condoning the delay of 45 days in filing the instant MCC. Accordingly, I.A. No.1 is allowed.

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Also heard on application for restoration of SA No.328/2001.

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The applicant seeking restoration of SA No.328/2001 which was for non-compliance of order of this Court dated 13.03.2019.

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On due consideration and for the reasons mentioned in the application, the instant MCC is allowed and SA No.328/2001

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MCC No. 605 of 2019

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is restored to its original number for hearing and disposal in accordance with law subject to payment of cost of 2,000/-₹ towards the High Court Legal Services Committee and file proof thereof on or before 24th November, 2023. It is made clear that failure to deposit amount of cost by the applicant within the stipulated time shall lead to automatic dissolution of this order.

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Sd/- (Sanjay K. Agrawal) Judge

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Ankit

Nehru Singh v. Uday Singh

Case brief

What is this about?

What did the court decide?

Nehru Singh v. Uday Singh

Case brief

What is this about?

What did the court decide?

What the court decided

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