Komal Kumar v. Ram Khilawan
Case brief
What is this about?
Order dated 20/03/2026 of the High Court of Chhattisgarh at Bilaspur (neutral citation 2026:CGHC:13393; NAFR) by Bibhu Datta Guru, J., dismissing MCC No. 591 of 2023 filed by Komal Kumar (petitioner/appellant in the underlying appeal) with I.A. No. 01 for condonation of a 1384-day delay, seeking restoration of F.A. No. 413/2019, which had been automatically dismissed after a peremptory order dated 06.11.2019; respondent Ram Khilawan; counsel: Mr. Ashok Patil (for appellant/petitioner), Mr. Bharat Lal Sahu (for respondent). Themes: condonation of delay, delay and laches, restoration of first appeal, peremptory defect-curing order, automatic dismissal.
What did the court decide?
The application for condonation of delay was filed without explaining the delay and laches by assigning sufficient and cogent reasons for filing the MCC (restoration application).