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High Court Of ChhattisgarhMCC/419/2016allowed

Smt. Kaina Bai v. Vedram

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

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCC No. 419 of 2016 Smt. Kaina Bai, W/o Vedram Lodhi, Aged About 30 Years, R/o Village- Budera, Tahsil- Berla, District Durg, at Present District Bemetara, Chhattisgarh, Civil and Revenue District Bemetara, Chhattisgarh ---- Applicant

Versus

1. Vedram, S/o Sukharu Lodhi, Aged About 32 Years, R/o VillageBudera, Tahsil Berla, District Durg, At Present District Bemetara, Chhattisgarh, Civil and Revenue District Bemetara, Chhattisgarh

2. State of Chhattisgarh, Through- The Collector, Bemetara, Civil and Revenue District Bemetara, Chhattisgarh ---- Respondents ---------------------------------------------------------------------------------------------------- For Applicants :- Mr. Sudhir Verma, Advocate For Respondent/ State :- Ms. Sobha Kashyap, 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 22 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. 147 of 2016 which was dismissed for want of prosecution on 01.04.2016.

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 01.04.2016. 6.

Accordingly, the instant M.C.C./ application is allowed, order dated 01.04.2016 dismissing the Second Appeal No. 147 of 2016 for want of prosecution is hereby recalled and the Second Appeal No. 147 of 2016 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. 147 of 2016.

Sd/- (Goutam Bhaduri) Judge Santosh