Domaar Singh v. Shital Prasad Mishra

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCC No.1139 of 2019 • Domaar Singh, S/o Gendram Sinha, R/o Near Dugdh Dairy, Sanjay Nagar Tikra Para, Raipur, Chhattisgarh ---- Petitioner

Versus

• Shital Prasad Mishra, S/o Late Gauri Shankar, Aged About 65 Years, R/o Purani Basi, Kayastha Para Raipur, Chhattisgarh ---- Respondent For Applicant Mr. A. D. Kuldeep, Advocate Hon'ble Justice Shri Sanjay K. Agrawal Order On Board 22/01/2021 1.

Heard on IA No.1, application for condondation of delay in filing the MCC.

2.

On due consideration, the application is allowed and the delay of 102 days in filing the MCC is condoned.

3.

Heard on admission.

4.

The ground raised in the MCC for recalling the order is not sufficient to recall the order. Even otherwise, the Court has remanded the matter back to the Trial Court for deciding the

matter afresh after appointing new Commissioner under Order 26 Rule 9 of the CPC. As such, I do not find any merit in the MCC.

5.

Accordingly, the MCC is dismissed.

Sd/- Sanjay K. Agrawal Judge Nirala