The High Court of Chhattisgarh condoned the applicant's delay in submitting proof of cost deposit for the restoration of MCC No.560/2023. The application was allowed, restoring the case to its original hearing number and extending the deadline.
MCC No.560/2023 is restored; time extended to 23.10.2024 to submit proof of cost deposit.
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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2024:CGHC:40699
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR MCC No. 905 of 2024
1 - Ramphal Kenwat S/o Bhagbali Kewant Aged About 43 Years R/o Village Kanhar Kanpa, Tahsil Mungeli District Bilaspur (Now District Mungeli) Chhattisgarh
---- Applicant
versus
1 - Kunwar Singh (Now Dead) Through Lrs. Nil
1.1 - (A) Amrika Bai W/o Late Kunwar Singh R/o Village Kanhar Kanpa, Tahsil And District Mungeli Chhattisgarh 1.2 - (B) Kumhari Bai D/o Late Kunwar Singh R/o Village Kanhar Kanpa, Tahsil And District Mungeli Chhattisgarh 1.3 - (C) Champa D/o Late Kunwar Singh R/o Village Kanhar Kanpa, Tahsil And District Mungeli Chhattisgarh 1.4 - (D) Chameli D/o Late Kunwar Singh R/o Village Kanhar Kanpa, Tahsil And District Mungeli Chhattisgarh
1.5 - (E) Mannu S/o Late Kunwar Singh R/o Village Kanhar Kanpa, Tahsil And District Mungeli Chhattisgarh
1.6 - (F) Ramu Nishad S/o Late Kunwar Singh R/o Village Kanhar Kanpa, Tahsil And District Mungeli Chhattisgarh 1.7 - (G) Shanti D/o Late Kunwar Singh R/o Village Kanhar Kanpa, Tahsil And District Mungeli Chhattisgarh
1.8 - (G) Shanti D/o Late Kunwar Singh R/o Village Kanhar Kanpa, Tahsil And District Mungeli Chhattisgarh
2 - Panchu Ram (Now Dead) Through Lrs Nil 2.1 - (A) Ganesh S/o Late Panchu Ram R/o Village Kanhar Kanpa Tahsil Mungeli, District Bilaspur (Now District Mungeli) Chhattisgarh
2.2 - (B) Titri W/o Late Panchu Ram R/o Village Kanhar Kanpa Tahsil Mungeli, District Bilaspur (Now District Mungeli) Chhattisgarh
2.3 - (C) Tiharmati D/o Late Panchu Ram R/o Village Kanhar Kanpa Tahsil Mungeli, District Bilaspur (Now District Mungeli) Chhattisgarh
2.4 - (C) Dayamati D/o Late Panchu Ram R/o Village Kanhar
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Kanpa Tahsil Mungeli, District Bilaspur (Now District Mungeli) Chhattisgarh
2.5 - (D) Dukalu S/o Late Panchu Ram R/o Village Kanhar Kanpa Tahsil Mungeli, District Bilaspur (Now District Mungeli) Chhattisgarh
2.6 - (E) Dayamati D/o Late Panchu Ram R/o Village Kanhar Kanpa Tahsil Mungeli, District Bilaspur (Now District Mungeli) Chhattisgarh
2.7 - (F) Dhaneshwar S/o Late Panchu Ram R/o Village Kanhar Kanpa Tahsil Mungeli, District Bilaspur (Now District Mungeli) Chhattisgarh
2.8 - (F) Dhaneshwar S/o Late Panchu Ram R/o Village Kanhar Kanpa Tahsil Mungeli, District Bilaspur (Now District Mungeli) Chhattisgarh
2.9 - (G) Badri Prasad S/o Late Panchu Ram R/o Village Kanhar Kanpa Tahsil Mungeli, District Bilaspur (Now District Mungeli) Chhattisgarh
2.10 - (G) Badri Prasad S/o Late Panchu Ram R/o Village Kanhar Kanpa Tahsil Mungeli, District Bilaspur (Now District Mungeli) Chhattisgarh
2.11 - (H) Mahesh S/o Late Panchu Ram R/o Village Kanhar Kanpa Tahsil Mungeli, District Bilaspur (Now District Mungeli) Chhattisgarh
2.12 - (I) Ramesh S/o Late Panchu Ram R/o Village Kanhar Kanpa Tahsil Mungeli, District Bilaspur (Now District Mungeli) Chhattisgarh
3 - Ramjhul S/o Kunwar Singh Kenwat Aged About 38 Years R/o Village Kanhar Kanpa Tahsil Mungeli District Bilaspur (Now District Mungeli) Chhattisgarh
4 - Ramu S/o Kunwar Singh Kenwat Aged About 36 Years R/o Village Kanhar Kanpa Tahsil Mungeli District Bilaspur (Now District Mungeli) Chhattisgarh
5 - Mannu Ra S/o Kunwar Singh Kenwat Aged About 38 Years R/o Village Kanhar Kanpa Tahsil Mungeli District Bilaspur (Now District Mungeli) Chhattisgarh
6 - Ramavtar S/o Bhagbali Kenwat Aged About 38 Years R/o Village Kanhar Kanpa Tahsil Mungeli District Bilaspur (Now District Mungeli) Chhattisgarh
7 - State Of Chhattisgarh Through Collector Bilaspur (Now District Mungeli) Chhattisgarh
---- Non-applicants
(Cause-title taken from the Case Information System)
------------------------------------------------------------------------------For Applicant :- Mr. Shashi Kumar Kushwaha, Advocate For State :- Mr. Rahul Tamaskar, Govt. Advocate and Mr. Vivek Mishra, Panel Lawyer
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SB - Hon'ble Shri Justice Sanjay K. Agrawal Order On Board
16.10.2024
1. Heard.
2. This MCC has been filed seeking restoration of MCC No.560/2023, which was dismissed for want of prosecution by this Court’s order dated 10.05.2024 and to further extend the time to deposit the cost amount and to file proof as directed in MCC No.746/2024 vide order dated 20.09.2024, for restoring MCC No.560/2023.
3. Learned counsel for the applicant submits that as directed vide order dated 20.09.2024, the cost amount have already been deposited but the proof/receipt of the same could not be submitted within the stipulated time period.
4. For the reasons stated in the application, the delay in submitting the aforesaid proof/receipt is hereby condoned. MCC No.560/2023 is restored to its original hearing number and the time is further extended up to 23.10.2024 to submit the said proof/receipt before this Court as directed in MCC No.746/2024, vide order dated 20.09.2024.
5. Accordingly, the MCC is allowed.
Sd/- (Sanjay K. Agrawal) Judge
@d!t!
2 issues framed by the court
Whether to condone delay in submitting proof of cost deposit for restoration of an MCC.
Whether to restore the dismissed civil revision application (MCC No.560/2023) and extend time for compliance.
1 provisions across 1 enactments
Ramphal Kenwat
State Of Chhattisgarh
Sanjay K. Agrawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
