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High Court Of ChhattisgarhMCC/469/2016allowed

Satish Singh v. State Of Chhattisgarh

2016-06-29Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCC No. 469 of 2016 Satish Singh S/o Ramlal Singh, Aged About 52 Years Caste Kshatri, R/o Village Salka, Tahsil And District Baikunthpur, Chhattisgarh ---- Applicant

Versus

1. State of Chhattisgarh Through Collector, Koriya (Chhattisgarh)

2. District Education Officer, Baikunthpur, Koriya, Chhattisgarh ---- Respondents ---------------------------------------------------------------------------------------------------- For Applicants :- Mr. Shaktiraj Sinha, Advocate For Respondent/ State :- Mr. O.P. Sahu, G. A. for the State ---------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order On Board By 29 /06/2016 1.

Heard on I.A. No. 01- which is an application for condonation of delay.

2.

The instant M.C.C is barred by limitation of 11 days. 3.

On due consideration, as sufficient cause has been shown in not filing of the application for restoration within stipulated period, the I.A. No. 01 is allowed and the delay in filing of the application for restoration is condoned.

4.

The applicant has filed the instant M.C.C./Application for restoration of Second Appeal No. 68 of 2008 which was dismissed for want of prosecution on 10.05.2016.

5.

Having perused the application for restoration of Second Appeal, I am of the opinion that sufficient cause has been explained by the counsel for the applicant for his non-appearance on 10.05.2016. 6.

Accordingly, the instant M.C.C./ application is allowed, order dated 10.05.2016 dismissing the Second Appeal No. 68 of 2008 for want of prosecution is hereby recalled and the Second Appeal No. 68 of 2008 is restored to its original number.

7.

No order as to costs.

8.

A copy of this order be kept in the record of Second Appeal No. 68 of 2008.

Sd/- (Goutam Bhaduri) Judge Santosh