Laxman Prasad Gupta v. Dadua @ Daan Bahadur Singh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.C.C No. 502 of 2018

1. Laxman Prasad Gupta, S/o Shri Hanuman Gupta, Aged About 49 Years, R/o Ghobahar, Tahsil Marwahi, Police Station Pendra, District Bilaspur, Chhattisgarh, Present Address - Village - Patharra, District Bilaspur Chhattisgarh.

2. Smt. Vimla Gupta, W/o Laxman Prasad, Gupta Aged About 47 Years, R/o Ghobahar, Tahsil Marwahi, Police Station Pendra, District Bilaspur Chhattisgarh, Present Address - Village - Patharra, District Bilaspur Chhattisgarh.

---- Petitioners

Versus

1. Dadua @ Daan Bahadur Singh, S/o Shri Tribhuwan Singh, Aged About 37 Years, R/o Manora, Post - Jaitahari, District Anuppur, Madhya Pradesh.

2. Abhishekh Singh Rajput, S/o Shri Bharat Singh Rajput, R/o Sanjay Chowk Pendra, District Bilaspur, Chhattisgarh.

3. Branch Manager, The Oriental Insurance Company Ltd. Transport Nagar, Korba, District Korba, Chhattisgarh. ---- Respondents For Petitioners : Shri Vivek Kumar Tripathi, Advocate.

For Respondents : None.

Hon'ble Shri Justice Sanjay Agrawal Order On Board 12.07.2018 1.

Heard on I.A. No. 01/2018, an application for condonation of delay of 437 days in filing this MCC.

2.

On due consideration, the application is allowed and the delay of 437 days in filing the MCC is accordingly condoned. 3.

Also heard on admission.

4.

This M.C.C. has been filed for restoration of MAC No.1096/2016, which was dismissed in default by this Court vide order dated 02.03.2017. Shri Tripathi undertakes to remove the default(s) within a

period of two weeks from today in the miscellaneous appeal which was dismissed in default.

5.

For the reasons assigned in the application for restoration and in view of the undertaking made by Shri Tripathi, I am inclined to allow the same. Accordingly, the instant M.C.C. is allowed subject to removal of default as pointed out by the Registry in MAC No. 1096/2016. No order as to costs.

Sd/- (Sanjay Agrawal) Judge Deepti Jha