Shankar Gupta v. Kamla Bai

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCC No. 484 of 2021 • Shankar Gupta S/o Late Ramjeevan Gupta Aged About 47 Years Occupation - Tent House, R/o Village- Sitapur, Tehsil And Post Office- Sitapur, Distrcit- Surguja, Chhattisgarh. ---- Applicant

Versus

1. Kamla Bai W/o Puni Ram Aged About 29 Years Caste- Kaser, Occupation House Wife, R/o - Village Bazaarpara Sitapur, Tehsil And Post Office- Sitapur, District- Surguja, Chhattisgarh.

2. Gunjipati W/o Late Sonsa Aged About 71 Years Caste- Kaser, Occupation House Wife, R/o - Village Bazaarpara Sitapur, Tehsil And Post Office- Sitapur, District- Surguja, Chhattisgarh.

3. Srawan Kumar S/o Late Puni Ram Aged About 9 Years Minor Through Natural Guardian Mother Namely Kamla Bai W/o Puni Ram Aged About 29 Years.

---Non-Applicants For Applicant:

: Shri Akath Kumar Yadav, Advocate.

Single Bench:Hon'ble Shri Sanjay S. Agrawal, J Order On Board 13.09.2021 1.

Heard on I.A. No.01/2021, an application for condonation of delay in filing this petition.

2.

On due consideration and for the reasons assigned therein, which is duly supported by an affidavit, I am inclined to allow the same.

3.

The application is allowed and delay in filing its restoration petition is accordingly condoned.

4.

Also heard on admission.

5.

The instant M.C.C. has been filed for restoration of appeal being MAC No.676 of 2017, which was dismissed in default(s) for noncompliance of the peremptory order passed by this Court on

05.05.2017.

6.

On due consideration and for the reasons assigned therein, which is duly supported by an affidavit, I am inclined to allow the same.

7.

Accordingly, the instant M.C.C is allowed and M.A.C. No. 676 of 2017, is restored to its original number.

8.

Counsel for the Applicant is permitted to remove the default(s), as pointed out by the Registry in the said appeal, within a period of 4 weeks' from today.

Sd/- (Sanjay S. Agrawal) JUDGE vivek