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Pardesilal Vs Nirabai — Chhattisgarh HC (2024) — LawSathi Research

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Chhattisgarh HC
2024
Pardesilal Vs NirabaiPardesilal v. Nirabai

Allowed¶31

Pardesilal v. Nirabai

Chhattisgarh HC22 Aug 2024MCC/697/2024

Case brief

AI extract

What is this about?

Chhattisgarh High Court Bilaspur, neutral citation 2024:CGHC:32343, NAFR. MCC No. 697 of 2024, decided 23.08.2024 by Hon'ble Shri Justice Sanjay K. Agrawal (Single Bench). Petitioners Pardesilal and Revatibai (Bartunga, Tahsil Dabhra, District Janjgir Champa); respondents include Nirabai, Chherkinbai, Revatibai, Sevatibai, Sumitrabai Verma, Narmada Bai, Janki Bai and State of Chhattisgarh through Collector, Janjgir-Champa. Counsel: Dinesh Yadav (for applicant, on behalf of Anuroop Panda); Soumya Rai, Panel Lawyer (for State). Subject: procedural restoration — restoration of MCC No.43/2019 dismissed for non-compliance with order dated 04.07.2024; extension of time to 06.09.2024 to deposit cost of Rs.2,000/- with High Court Legal Services Committee; underlying matter SA No.698/2003. Keywords: MCC restoration, cost deposit extension, Legal Services Committee, office objections overruled, second appeal restoration, Janjgir Champa, Dabhra, Bartunga.

What did the court decide?

MCC No.43/2019 restored to its original number; time extended up to 06.09.2024 to deposit the cost of Rs.2,000/- before the High Court Legal Services Committee as directed in MCC No.43/2019 vide order dated 04.07.2024. ¶31

Why is it important?

The office objections raised to the filing were overruled. ¶27

What the court decided

AI extract

Outcome

MCC No.43/2019 restored to its original number; time extended up to 06.09.2024 to deposit the cost of Rs.2,000/- before the High Court Legal Services Committee as directed in MCC No.43/2019 vide order dated 04.07.2024.

Issue for consideration

Whether the present MCC seeking restoration of MCC No.43/2019 (dismissed for non-compliance with the order dated 04.07.2024) and extension of time to deposit the cost of Rs.2,000/- for restoring SA No.698/2003 should be allowed.

Court's answer

For the reasons stated in the application, the application is allowed: MCC No.43/2019 is restored to its original number, and time is extended up to 06.09.2024 to deposit the cost of Rs.2,000/- before the High Court Legal Services Committee as directed vide order dated 04.07.2024 in MCC No.43/2019.

Ratio / Principle

The office objections raised to the filing were overruled.

Detailed headnote1 paragraphs

High Court of Chhattisgarh at Bilaspur (Single Bench, Sanjay K. Agrawal, J.), order dated 23.08.2024 in MCC No. 697 of 2024: Allowed. The Court overruled office objections and, for the reasons stated in the application, restored MCC No.43/2019 — which had been dismissed for non-compliance with this Court's order dated 04.07.2024 — to its original number, and extended the time up to 06.09.2024 to deposit the cost of Rs.2,000/- before the High Court Legal Services Committee as directed in MCC No.43/2019, towards restoration of SA No.698/2003. No statute or precedent was cited or discussed; the order is purely procedural (restoration and time-extension). Cause-title per Case Information System; several respondents had died and were deleted/substituted by LRs per orders dated 07-02-2024 and 02-04-2024.

A

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2024:CGHC:32343

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

MCC No. 697 of 2024

1 - Pardesilal S/o Pukram Chandra Aged About 62 Years R/o Bartunga, P.O. Dewarghata, Tahsil Dabhra, District Janjgir Champa, Chhattisgarh 2 - Revatibai Wd/o Pukram Chandra Aged About 73 Years R/o Bartunga, P.O. Dewarghata, Tahsil Dabhra, District Janjgir Champa, Chhattisgarh

... Petitioners

versus

1 - Nirabai Wd/o Aghorilal Chandra Aged About 61 Years R/o Bartunga, Tahsil Dabhra, District Janjgir Champa, Chhattisgarh 2 - Chherkinbai W/o Laxman Prasad Chandra Aged About 79 Years R/o Bartunga, Tahsil Dabhra, District Janjgir Champa, Chhattisgarh

3 - Revatibai W/o Guru Prasad Aged About 46 Years C/o Nawagautiyan, R/o Chorthela, Tahsil Dabhra, District Janjgir Champa, Chhattisgarh,

4 - Sevatibai W/o Leeladharb Chandra Aged About 38 Years R/o Chorthela, Tahsil Dabhra, District Janjgir Champa, Chhattisgarh,

5 - Sumitrabai Verma W/o Anup Kumar C/o Munna Verma, R/o Vidyut Mandal Bango Dam No. 7 Bhanchadoli, Tahsil Katghora, District Korba, Chhattisgarh 6 - (Died And Deleted) Baimati Chandra As Per Hon'ble Court Order Dated 07-02-2024 7 - Ratan Bai (Died Through Lrs.) As Per Hon'ble Court Order Dated 02-04-2024 7.1 - (A) Mohan S/o Jadhu Ram Aged About 55 Years Nil 7.2 - (B) Motu Chand @ Jayprakash S/o Jadhu Ram Aged About 50 Years Nil

8 - Narmada Bai W/o Jeevrakhan Prasad Aged About 50 Years R/o Bartunga, Tahsil Dabhra, District Janjgir Champa, Chhattisgarh

9 - Murlidhar S/o Jeevrakhan Prasad Aged About 24 Years R/o Bartunga, Tahsil Dabhra, District Janjgir Champa, Chhattisgarh 10 - Kumari Bai D/o Jevrakhan Prasad Aged About 26 Years

2 / 3

R/o Bartunga, Tahsil Dabhra, District Janjgir Champa, Chhattisgarh

11 - Meena Kumari D/o Jeevrakhan Prasad Aged About 22 Years R/o Bartunga, Tahsil Dabhra, District Janjgir Champa, Chhattisgarh 12 - Krishna Bai D/o Jeevrakhan Prasad Aged About 21 Years R/o Bartunga, Tahsil Dabhra, District Janjgir Champa, Chhattisgarh 13 - Munni Bai D/o Jeevrakhan Prasad Aged About 17 Years Minor Through Their Mother Narmada Bai Wd/o Jeevrakhan Prasad Chandra, R/o Bartunga, Tahsil Dabhra, District Janjgir Champa, Chhattisgarh 14 - Bhojooram S/o Jeevrakhan Prasad Aged About 15 Years Minor Through Their Mother Narmada Bai Wd/o Jeevrakhan Prasad Chandra, R/o Bartunga, Tahsil Dabhra, District Janjgir Champa, Chhattisgarh 15 - Vimla Bai D/o Jeevrakhan Prasad Aged About 11 Years Minor Through Their Mother Narmada Bai Wd/o Jeevrakhan Prasad Chandra, R/o Bartunga, Tahsil Dabhra, District Janjgir Champa, Chhattisgarh 16 - Neetu Devi D/o Jeevrakhan Prasad Aged About 12 Years Minor Through Their Mother Narmada Bai Wd/o Jeevrakhan Prasad Chandra, R/o Bartunga, Tahsil Dabhra, District Janjgir Champa, Chhattisgarh 17 - Pukmati (Died Through Lrs.) As Per Hon'ble Court Order Dated 02-04-2024 17.1 - (A) Puniram S/o Saheblal Aged About 60 Years Nil 17.2 - (B) Pilababu S/o Saheblal Aged About 55 Years Nil 18 - Teerith Bai (Died Through Lrs.) As Per Hon'ble Court Order Dated 02-04-2024

18.1 - (A) Budeshwar S/o Muni Chandra Aged About 40 Years Nil

19 - Barat Rai (Died Through Lrs.) As Per Hon'ble Court Order Dated 02-04-2024 19.1 - (A) Toorendra Prasad Chandra S/o Gurudev Singh Aged About 60 Years Nil

20 - Janki Bai W/o Budhwa Gautiya Aged About 48 Years R/o Raikona, Tahsil Baloda Bazar, District Raipur, Chhattisgarh 21 - State Of Chhattisgarh Through The Collector, District Janjgir-Champa, Chhattisgarh

... Respondents

(Cause-title taken from the Case Information System)

------------------------------------------------------------------------------For Applicant :- Mr. Dinesh Yadav, Advocate on behalf of Mr. Anuroop Panda, Advocate For State :- Mr. Soumya Rai, Panel Lawyer

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

23.08.2024

1. Office objections are overruled.

2. Heard.

3. This MCC has been filed seeking restoration of MCC No.43/2019, which was dismissed for non-compliance of this Court’s order dated 04.07.2024 and to further extend the time to deposit the cost of Rs.2000/- in MCC No.43/2019 for restoring SA No.698/2003.

4. For the reasons stated in the application, the same is allowed. MCC No.43/2019 is restored to its original number and the time is further extended up to 06.09.2024 to deposit the cost of Rs.2,000/- before the High Court Legal Services Committee as directed in MCC No.43/2019 vide order dated 04.07.2024.

5. Accordingly, the MCC is allowed.

Sd/- (Sanjay K. Agrawal) Judge

@d!t!

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the present MCC seeking restoration of MCC No.43/2019 (dismissed for non-compliance with the order dated 04.07.2024) and extension of time to deposit the cost of Rs.2,000/- for restoring SA No.698/2003 should be allowed.¶29
The court held
For the reasons stated in the application, the application is allowed: MCC No.43/2019 is restored to its original number, and time is extended up to 06.09.2024 to deposit the cost of Rs.2,000/- before the High Court Legal Services Committee as directed vide order dated 04.07.2024 in MCC No.43/2019.ratio¶30

Procedural history

How this case reached the court

AI extract

Order under challenge
Dismissal of MCC No.43/2019 (the application for restoration of SA No.698/2003) for non-compliance with this Court's order dated 04.07.2024 directing deposit of cost.¶29
High Court of Chhattisgarh at Bilaspur
Prior proceeding
Underlying matter: SA No.698/2003, whose restoration was sought through MCC No.43/2019.¶29
Prior proceeding
By order dated 04.07.2024 in MCC No.43/2019, the Court directed deposit of cost of Rs.2,000/- before the High Court Legal Services Committee.¶30
Prior proceeding
Per the cause-title, dead respondents were deleted or substituted by their LRs pursuant to Court orders dated 07-02-2024 and 02-04-2024.¶12

Parties & counsel

AI extract

petitioner
Pardesilal S/o Pukram Chandra¶6
Dinesh Yadav, Anuroop Panda
petitioner
Revatibai Wd/o Pukram Chandra¶6
Dinesh Yadav, Anuroop Panda
respondent
Nirabai Wd/o Aghorilal Chandra¶9
respondent
Chherkinbai W/o Laxman Prasad Chandra¶9
respondent
Revatibai W/o Guru Prasad¶10
respondent
Sevatibai W/o Leeladharb Chandra¶11
respondent
Sumitrabai Verma W/o Anup Kumar¶12
respondent
Narmada Bai W/o Jeevrakhan Prasad¶13
respondent
Janki Bai W/o Budhwa Gautiya¶20
respondent
State Of Chhattisgarh Through The Collector, District Janjgir-Champa¶20
Soumya Rai

Coram

AI extract

Sanjay K. Agrawalauthor¶25

Case details

As recorded by the court registry

Court: Chhattisgarh HC
Decided on: 22 Aug 2024 · August
Registered: 6 Aug 2024
Case no.: MCC/697/2024
CNR: CGHC010249662024
Bench: Sanjay K. Agrawal
Disposal: ALLOWED
Case type: MCC

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Cite this judgement

Pardesilal v. Nirabai, MCC/697/2024 (CG), decided on 22 August 2024.

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

Procedural history4

Dismissal of MCC No.43/2019 (the application for restoration of SA No.698/2003) for non-compliance with this Court's order dated 04.07.2024 directing deposit of cost.High Court of Chhattisgarh at Bilaspur
Underlying matter: SA No.698/2003, whose restoration was sought through MCC No.43/2019.
By order dated 04.07.2024 in MCC No.43/2019, the Court directed deposit of cost of Rs.2,000/- before the High Court Legal Services Committee.

View full history

Bench / Coram

Sanjay K. Agrawal

Parties & counsel