Allowed¶30

Ramdhari (Now Dead) through LRs v. Dayavati Devi (Now Dead) through Lrs

Chhattisgarh HC3 Feb 2026MCC/376/2025

Case brief

AI extract

What is this about?

Chhattisgarh High Court, Bilaspur; MCC No. 376 of 2025 arising out of SA No. 47/2013; decided 04.02.2026 by Rakesh Mohan Pandey, J. Restoration of an appeal dismissed by peremptory order dated 22.10.2024 for want of substitution of legal representatives of deceased applicant No. 1 (Ramdhari) and deceased non-applicant No. 1 (Dayavati Devi); restoration allowed subject to cost of Rs. 5,000/- payable to defendants No. 1(a) to 1(c). Keywords: restoration of dismissed appeal; peremptory order; substitution of legal representatives; death of party during pendency; cost imposition.

What did the court decide?

Restoration of SA No. 47/2013 to its original number, subject to payment of cost of Rs.5,000/- payable to defendants No. 1(a) to 1(c). ¶30

Ramdhari (Now Dead) through LRs Vs Dayavati Devi (Now Dead) through Lrs — Chhattisgarh HC (2026) — LawSathi Research

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Digitally signed by RAMESH KUMAR VATTI Date: 2026.02.05 11:41:02 +0530

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2026:CGHC:6243

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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MCC No. 376 of 2025

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(Arising out of SA No. 47/2013)

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1 - Ramdhari (Now Dead) Through Lrs Nil

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1.1 – (a) Mankunwar Wd/o Late Ramdhari Aged About 70 Years OccupationHousewife, Caste- Gond (Tribe), R/o Village Hariharpur, P.S. Ramkola, Tahsil Pratappur, Distt.- Surguja (C.G.)

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1.2 – (b) Sapuran S/o Late Ramdhari Aged About 56 Years Caste- Gond (Tribe), Occupation- Agriculture, R/o Village- Hariharpur, P.S. Ramkola, Tahsil Pratappur, Distt.- Surguja (C.G.)

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2 - Sandhari S/o Late Jaimangal Aged About 68 Years Caste- Gond (Tribe), Occupation- Agriculture, R/o Village Hariharpur, P.S. Ramkola, Tahsil Pratappur, Distt.- Surguja (C.G.)

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3 - Ramcharan S/o Late Ramdhari Aged About 53 Years Caste- Gond (Tribe), Occupation- Agriculture, R/o Village Hariharpur, P.S. Ramkola, Tahsil Pratappur, Distt.- Surguja (C.G.)

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4 - Sobran S/o Late Ramdhari Aged About 55 Years Caste- Gond (Tribe), Occupation- Agriculture, R/o Village Hariharpur, P.S. Ramkola, Tahsil Pratappur, Distt.- Surguja (C.G.)

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... Applicants

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Versus

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1 - Dayavati Devi (Now Dead) Through Lrs Nil

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1.1 – (a) Krishna Kumar Dubey S/o Late Diwakarnath Dubey Aged About 65 Years R/o. Village And Post- Salka, P.S. And Tahsil- Bhaiyathan, Distt. - Surajpur (C.G.)

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1.2 – (b) Anand Dubey S/o Late Diwakarnath Dubey Aged About 63 Years R/o. Village- Khorma, Post And P.S. - Pratappur, Distt.- Surajpur (C.G.)

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1.3 – (c) Preeti Dubey Wd/o Late Chandramohan Dubey Aged About 35 Years R/o Village- Hariharpur, P.S. Chandora, Post Kewra, Tahsil Pratappur, Distt.- Surajpur (C.G.)

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2 - State Of Chhattisgarh Through The Collector, Surguja, District- Surguja (C.G.), Now District- Surajpur (C.G.)

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... Non-Applicants For Applicants : Mr. Ravi Singh, Advocate holding the brief of Mr. Ashok Kumar Shukla, Advocate

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For Non-Applicants No. 1, 3 : Mr. Navneet Yadav, Advocate & 4 For Non-Applicant No. 2 : Ms. Anuradha Jain, Dy.Govt. Advocate

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Hon’ble Shri Justice Rakesh Mohan Pandey Order on Board

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04/02/2026

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This is an application for restoration of SA No. 47/2013 which was dismissed on account of peremptory order passed by this Court dated 22.10.2024.

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Learned counsel for the applicants would submit that due to inadvertence, the applicant could not move appropriate application for substitution of legal representatives of applicant No. 1- Ramdhari & non-applicant No.1- Dayavati Devi. He would submit that on account of peremptory order dated 22.10.2024, SA No. 47/2013 was dismissed. He would pray to restore SA No. 47/2013.

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On the other hand, learned counsel appearing for the respective nonapplicants would oppose.

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Heard learned counsel for the parties.

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Taking into consideration the submission advanced by learned counsel for the applicants and reasons assigned in the application, SA No. 47/2013 is restored to its original number subject to payment of cost of Rs.5,000/- payable to defendants No. 1(a) to 1(c).

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(Rakesh Mohan Pandey) Judge

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vatti

Ramdhari (Now Dead) through LRs v. Dayavati Devi (Now Dead) through Lrs

Case brief

What is this about?

What did the court decide?

Ramdhari (Now Dead) through LRs v. Dayavati Devi (Now Dead) through Lrs

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

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