Bauda v. Krishna Kumar

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCC No. 414 of 2015 Bauda S/o Chandu Raot (Rawat) Aged About 65 Years R/o Village Achhola, P.S. Tumgaon, Tahsil Mahasamund, Civil And Revenue District Mahasamund Chhattisgarh ---- Applicant

Versus

Krishna Kumar S/o Ramadhin Chandrakar Aged About 65 Years R/o Village Achhola, P.S. Tumgaon, Tahsil Mahasamund, Civil And Revenu District Mahasamund, Chhattisgarh ---- Respondent For Applicant :

Shri Sunil Sahu, Advocate.

For Respondent :

Shri Manoj Paranjpe, Advocate.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 05/11/2015 (1) Heard on I.A. No.1/2015, which is an application for condonation of delay in filing the M.C.C..

(2) On due consideration, I am satisfied that the applicant has succeeded in explaining the cause of delay in filing the M.C.C. and, therefore, the application { I.A. No.1/2015} is allowed. Delay in filing the M.C.C. is condoned.

(3) Counsel for the applicant is also heard on restoration petition. (4) The applicant is seeking restoration of Second Appeal No. 263/2001 which was dismissed for want of prosecution vide order dated 19.02.2014.

(5) On due consideration of the submissions of the learned counsel for the applicant and the grounds taken in the restoration petition, I am satisfied that the absence of the applicant's counsel on 19.02.2014 when Second Appeal No.263/2001 was taken-up for hearing was based on bona fide grounds.

(6) M.C.C. No. 414/2015, therefore, is allowed and Second Appeal No.263/2001 is restored to its original number. Sd/- (Sanjay K. Agrawal) Judge D/-