M/S Didwaniya Builders v. Pt. Ravishanker University

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCC No. 346 of 2016 M/s Didwaniya Builders Proprietor Didwaniya Axim Private Limited, Through Its Director Shri Ashish Didwaniya, S/o Shri Sitaram Didwaniya (Earlier Represented By Shri Sitaram Didwaniya), Aged About 32 Years, R/o Choubey Colony, Raipur, Tahsil And District Raipur (Chhattisgarh) Civil & Revenue District Raipur ---- Applicant

Versus

Pt. Ravishanker University Raipur (Chhattisgarh) Through Its Vice Chancellor, Pt. Ravishanker Shukla University, Raipur, District Raipur (Chhattisgarh) ---- Respondent For applicant :

Ms. Prachi Jaiswal, Adv.

For Respondent :

Mr. Neeraj Choubey, Adv.

Hon'ble Shri Justice Chandra Bhushan Bajpai Order On Board 01/12/2016 1.

Instant MCC is preferred within its limitation. It is admitted for hearing.

2.

Also heard the matter finally.

3.

Instant MCC is preferred for restoration of MA No. 95/2015 which was dismissed by this Court vide order dated 3-3-2016 for want of prosecution.

4.

From perusal of said MA it appears that in the said matter parties were represented but matter was not admitted for consideration. Said appeal preferred under Order 43 Rule 1 (r) of the CPC is against the order passed by the 7th Additional District Judge in Civil Suit No. 107-A/2015 vide order dated 11-9-2015 whereby and whereunder learned trial Court dismissed the application filed by the plaintiff/appellant/present applicant under Order 39 Rule 1 and 2 read with Section 151 of the CPC .

5.

On due consideration, instant MCC is hereby allowed. MA No. 95/2015 is restored to its original number. 6.

No order as to costs.

Sd/- (Chandra Bhushan Bajpai) Judge Pathak