Mohammad Zakir v. Ajay Prakash Singh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCC No. 27 of 2016

1. Mohammad Zakir S/o Mohammad Musa, Aged About 45 Years R/o Mastanpara Sukma, Police Station & Post Sukma, Civil & Revenue District South Bastar, Dantewada (Chhattisgarh)....... (Appellant) ---- Petitioner

Versus

1. Ajay Prakash Singh S/o Bhuwneshwar Singh, Aged About 25 Years R/o Village Sukma, Tahsil Sukma, District South Bastar, Dantewada (Chhattisgarh)

2. Somaru S/o Dhasru, R/o Village Sukma, Tahsil Sukma, District South Bastar, Dantewada, Chhattisgarh At Present R/o Village Baniyagaon, Tahsil Kondagaon, Police Station & Post Kondagaon, Civil & Revenue District Kondagaon (Chhattisgarh)

3. State Of Chhattisgarh Through Collector, South Bastar, Dantewada (Chhattisgarh)...........(Non Applicant) ---- Respondents For Applicant : Shri Manoj Paranjape, Advocate For Respondent 1 : Ms. Itu Rani Mukharjee, Advocate For Respondent 3/State : Shri S.C. Khakharia, Dy. AG HON'BLE SHRI JUSTICE CHANDRA BHUSHAN BAJPAI

ORDER

14.1.2016 1.

Heard on I.A.No.1 application under Section 5 of the Limitation Act for condonation of delay in filing the MCC as it is barred by 116 days of its limitation.

2.

On behalf of respondent 1, the main contestant has no objection to I.A.No.1.

3.

On due consideration, I.A.No.1 is allowed.

4.

Delay in filing the the MCC is condoned.

5.

The matter is admitted for consideration.

6.

The applicant has filed the instant MCC after the order passed in Second Appeal No.179 of 2008 whereby and whereunder vide order dated 23.7.2015 the Second Appeal was ordered to be dismissed without further reference to the Bench in case the default is not cured within a week. Thereafter, as the default was not cured within a week, the Second Appeal has been dismissed. It is submitted that due to bonafide mistake, the default could not be cured.

7.

On due consideration, the MCC is allowed and Second Appeal No.179/2008 dismissed on peremptory order dated 23.7.2015 is restored to its original number. 8.

No order as to cost. Sd/ (Chandra Bhushan Bajpai) JUDGE sunita