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Jodhan Prasad Vs Niranjan Prasad — Chhattisgarh HC (2024) — LawSathi Research

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Chhattisgarh HC
2024
Jodhan Prasad Vs Niranjan PrasadJodhan Prasad v. Niranjan Prasad

Allowed¶6

Jodhan Prasad v. Niranjan Prasad

Chhattisgarh HC19 Mar 2024MCC/108/2019

Case brief

AI extract

What is this about?

Chhattisgarh High Court (Bilaspur), MCC No. 108 of 2019, order dated 20.03.2024 by Sanjay K. Agrawal, J.: delay in filing restoration application for Second Appeal No.331/2015 (earlier dismissed for non-compliance of peremptory order dated 17.06.2016) condoned; appeal restored subject to Rs.2,000 cost to High Court Legal Services Committee within ten working days, with automatic dissolution of order on default. Applicant: Jodhan Prasad; Non-applicants: Niranjan Prasad, legal representatives of Budharam, State of Chhattisgarh. Counsel: J. K. Saxena, Vivek Mishra (Panel Lawyer), Sunil Sahu.

What did the court decide?

Delay condoned and Second Appeal No.331/2015 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 filing of proof thereof within ten working days, failing which the order automatically dissolves.

Why is it important?

The delay in filing the instant MCC (application for restoration of Second Appeal No.331/2015) is condoned. ¶2

What the court decided

AI extract

Outcome

Delay condoned and Second Appeal No.331/2015 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 filing of proof thereof within ten working days, failing which the order automatically dissolves.

Issue for consideration

Whether the delay in filing the application for restoration of Second Appeal No.331/2015 should be condoned. +1 more

Court's answer

The delay in filing the instant MCC (application for restoration of Second Appeal No.331/2015) is condoned.

Ratio / Principle

Second Appeal No.331/2015 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 filing of proof thereof before the Court within ten working days.

Key takeaways

Failure by the applicant to deposit the cost within the stipulated time frame of ten working days will lead to automatic dissolution of the restoration order.ratio¶5

Detailed headnote1 paragraphs

MCC No. 108 of 2019 (NAFR) — High Court of Chhattisgarh, Bilaspur (Sanjay K. Agrawal, J.), order dated 20.03.2024: Condonation of delay — restoration of appeal. The delay in filing the application for restoration of Second Appeal No.331/2015, which had been dismissed for non-compliance of the Court's peremptory order dated 17.06.2016, was condoned. The Second Appeal was 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 filing of proof thereof before the Court within ten working days; it was made clear that failure to deposit the cost within the time frame would lead to automatic dissolution of the restoration order. MCC allowed.

A

1

(MCC No. 108 of 2019)

NAFR

HIGH COURT OF CHHATTISGARH, BILASPUR

MCC No. 108 of 2019

Jodhan Prasad S/o Motiram Nagwanshi Aged About 43 Years R/o Village Mudapara, Police Station, Post And Tahsil Patthalgaon, Civil And Revenue District Jashpur, Chhattisgarh, District : Jashpur, Chhattisgarh

---- Applicant(s)

Versus

Niranjan Prasad S/o Motiram Nagwanshi Aged About 37 Years R/o Village Mudapara, Police Station, Post And Tahsil Patthalgaon, Civil And Revenue District Jashpur, Chhattisgarh, District : Jashpur, Chhattisgarh

Budharam (Died) Through Lrs. As Per Honble Court Order Dated 13-08-2021. (i). Karam Sai S/o Late Budhram Aged About 55 Years R/o Village Mudapara, P.S. And Tahsil Patthalgaon, District Jashpur Chhattisgarh

(ii). Firan Sai S/o Late Budhram Aged About 50 Years (iii). Joseph S/o Late Budhram Aged About 47 Years (iv). (Died And Deleted) Jhakdi As Per Honble Court Order Dated 08-02-2024., District : Jashpur, Chhattisgarh

State Of Chhattisgarh Through The Collector, Surguja, Jashpur Police Station And Post Jashpur, Civil And Revenue District Jashpur, Chhattisgarh

---- Non-applicants

(Cause-title taken from Case Information System)

For Applicant :- Mr. J. K. Saxena, Counsel For Non-applicant-State :- Mr. Vivek Mishra, Panel Lawyer For Non-applicant Nos.1, 2(i), 2(ii) & 2(iii) :- Mr. Sunil Sahu, Counsel

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

20.03.2024

1. Heard on IA No.01, which is an application seeking condonation of delay in filing the application for restoration

2

(MCC No. 108 of 2019)

of Second Appeal No.331/2015.

2. For the reasons stated in the application, the same is allowed and the delay in filing the instant MCC is hereby condoned.

3. With the consent of the parties, heard finally.

4. This MCC has been filed seeking restoration of Second Appeal No.331/2015 which was dismissed for noncompliance of this Court’s peremptory order dated 17.06.2016.

5. For the reasons stated in the application, the same is allowed. SA No.331/2015 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 ten working days. It is made clear that failure to deposit amount of cost by the applicant within the above time frame, will lead to automatic dissolution of this order.

6. Accordingly, the MCC is allowed.

Sd/- (Sanjay K. Agrawal) Judge

@d!t!

Issues for consideration

2 issues framed by the court

AI extract

1.
Whether the delay in filing the application for restoration of Second Appeal No.331/2015 should be condoned.¶1
The court held
The delay in filing the instant MCC (application for restoration of Second Appeal No.331/2015) is condoned.ratio¶2
2.
Whether Second Appeal No.331/2015, dismissed for non-compliance of the peremptory order dated 17.06.2016, should be restored.¶4
The court held
Second Appeal No.331/2015 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 filing of proof thereof before the Court within ten working days.ratio¶5

Procedural history

How this case reached the court

AI extract

Order under challenge
Dismissal of Second Appeal No.331/2015 for non-compliance of this Court's peremptory order dated 17.06.2016; the present MCC seeks restoration of that appeal.¶4
High Court of Chhattisgarh, Bilaspur
Prior proceeding
IA No.01 filed in the MCC seeking condonation of delay in filing the application for restoration of Second Appeal No.331/2015.¶1
Prior proceeding
Second Appeal No.331/2015 previously stood dismissed for non-compliance of the peremptory order dated 17.06.2016.¶4

Parties & counsel

AI extract

applicant
Jodhan Prasad S/o Motiram Nagwanshi¶6
Mr. J. K. Saxena
respondent
Niranjan Prasad S/o Motiram Nagwanshi¶9
Mr. Sunil Sahu
respondent
Budharam (Died) Through Lrs.¶10
Mr. Sunil Sahu
respondent
State Of Chhattisgarh Through The Collector, Surguja, Jashpur¶12
Mr. Vivek Mishra

Coram

AI extract

Sanjay K. Agrawalauthor¶16

Case details

As recorded by the court registry

Court: Chhattisgarh HC
Decided on: 19 Mar 2024 · March
Registered: 2 Feb 2019
Case no.: MCC/108/2019
CNR: CGHC010034892019
Bench: Sanjay K. Agrawal
Disposal: ALLOWED
Case type: MCC

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Cite this judgement

Jodhan Prasad v. Niranjan Prasad, MCC/108/2019 (CG), decided on 19 March 2024.

The High Court of Chhattisgarh publishes no neutral citation for this judgement — cite it by case number and date of decision.

Procedural history3

Dismissal of Second Appeal No.331/2015 for non-compliance of this Court's peremptory order dated 17.06.2016; the present MCC seeks restoration of that appeal.High Court of Chhattisgarh, Bilaspur
IA No.01 filed in the MCC seeking condonation of delay in filing the application for restoration of Second Appeal No.331/2015.
Second Appeal No.331/2015 previously stood dismissed for non-compliance of the peremptory order dated 17.06.2016.

View full history

Bench / Coram

Sanjay K. Agrawal

Parties & counsel