Gaind Ram v. Jhadu Ram And ANR

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.C.C. No. 111 of 2015 Gaind Ram S/o Siyaram Sen, Aged about 52 years, R/o Village Mudpar, Tahsil Baloda Bazar (Now Palari) in District Raipur, C.G.

---- Applicant

Versus

1. Jhadu Ram S/o Siya Ram Sen Aged About 56 Years, R/o Village Mudpar, Tahsil Balodabazar, (Now Palari), District Raipur, C.G.

2. State of Chhattisgarh Through The Collector, Raipur, District Raipur, C.G.

---- Respondents For Applicant :- Shri Hemant Gupta, Advocate For Respondent No.1 :- Ms. Sarina Khan, Advocate For Respondent No.1/State:

Shri Garry Mukhopadhyay, Dy. G.A.

Hon'ble Shri Justice P. Sam Koshy Order On Board By 03/07/2015 The applicant has filed the instant M.C.C. for restoration of S.A. No.714/2003 which was dismissed for want of prosecution on 24.10.2013.

Counsel for the applicant submits that unfortunately even this M.C.C. is time barred and therefore he has filed an application i.e. I.A. No.01 for condonation of delay in filing the M.C.C. For the reasons mentioned in the application, it is allowed and delay in filing the present M.C.C. is hereby condoned. On due consideration, as sufficient cause has been satisfactorily explained by the counsel appearing for the applicant, the instant M.C.C. is allowed and the order dated 24.10.2013 dismissing the second appeal for want of prosecution is hereby recalled and the S.A. No. 714/2003 is restored to its original number.

Sd/- (P. Sam Koshy) JUDGE Bhola