Raj Kumar v. Rajanikant (Dead) through Lrs.
Case brief
What is this about?
Chhattisgarh High Court Bilaspur; MCC 107/2026; order dated 03/02/2026; single judge Bibhu Datta Guru; condonation of delay refused; restoration of M.A. No. 659 of 2021 denied; peremptory order dated 9.11.2021; four weeks to cure Registry defects; appeal stood dismissed automatically; no receipt obtained for 15.11.2021 condonation application; delay of 1393 days unexplained; MCC dismissed on ground of delay; appellants Raj Kumar and Gayatri Bai; respondents Rajanikant (dead) through LRs (driver-cum-owner of motorcycle C.G. 10-X 8731) and I.C.I.C.I Insurance Company Ltd.; NAFR.
What did the court decide?
Since learned counsel himself admitted he had not obtained a receipt from the office regarding submission of the condonation application and there was no proof the default had been cured within the stipulated period, it cannot be presumed that the defects were cured within the stipulated period.