RAHUL JATAV v. KALLA @ BALRAM LODHI
Court: High Court of Madhya Pradesh
Judgment date:
Case summary
High Court of Madhya Pradesh judgment dated 2024-01-05. RAHUL JATAV v. KALLA @ BALRAM LODHI. Read the judgment and case details on LawSphereX.
Judgment text
IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE ROOPESH CHANDRA VARSHNEY th ON THE 5 OF JANUARY, 2024 MISC. CIVIL CASE No. 947 of 2021 BETWEEN:- RAHUL JATAV S/O SHRI VEERU JATAV, AGED 18 YEARS, OCCUPATION: PVT. JOB R/O VILL. DURSEDI P. S. GHATIGAON DISTRICT GWALIOR (MADHYA PRADESH) ..... APPLICANT (BY SHRI H. K. GOYAL - ADVOCATE) AND 1. KALLA @ BALRAM LODHI S/O SHRI NIWAS L O D H I R/O RITHAURA KALA P. S RITHAURA DISTRICT MORENA (MADHYA PRADESH) 2. SAURABH GUPTA S/O SHRINIWAS GUPTA R/O 812, ANAND NAGAR, P. S. BAHODAPUR, GWALIOR (MADHYA PRADESH) 3. THE NEW INDIA ASSURANCE COMPANY LTD. OFFICE AT RAVI NAGAR, INFRONT OF GDA OFFICE, PHOOLBAGH ROAD, LASHKAR GWALIOR THR OUGH DIVISIONAL MANAGER (MADHYA PRADESH) ..... RESPONDENTS (BY SHRI A. K. AGRAWAL - ADVOCATE FOR RESPONDENT NO. 3) This application coming on for hearing this day, the court passed the following: ORDER Heard on I. A. No.
4200/2021, an application under Section 5 of Limitation Act for condonation of delay. It is submitted that there is a delay of about 2 years in filing the present Signature Not Verified Signed by: ADNAN HUSAIN Signing time: 09-01-2024 11:11:38 AM application. For the reasons stated in the application, same is allowed and delay is hereby condoned. Heard on the main application. This is an application for restoration of M. A. No. 1541/2019, which stood dismissed by order of the Principal Registrar dated 03/07/2019 for non-compliance of common conditional peremptory order dated 17/05/2019. By the order dated 17/05/2019, applicant was granted six weeks' time to remove default, however, since defaults could not be removed within stipulated period, the appeal stood dismissed.
I t is the submission of learned counsel for the applicant that since applicant could not contact his counsel, therefore, the defaults pointed out by the Registry could not be removed in time and when he came to know about dismissal of the appeal, instant application for restoration is drafted and filed. The aforesaid reason for not complying the Court's order is genuine and bona fide and for the mistake of counsel, party may not be made to suffer. Fo r the reasons assigned in the application, which is supported by an affidavit, sufficient cause is made out for restoration of M. A. No. 1541/2019. Hence, the application is allowed and M. A. No. 1541/2019 is restored to its original number however, it is made clear that the period during which the M. A. No. 1541/2019 remained dismissed in default, shall not be counted for the purpose of interest. As per undertaking given, learned counsel for the applicant shall cure the default pointed out in M. A. No.
1541/2019 within 15 days from the date of its restoration. A copy of this order be placed in the record of M. A. No. 1541/2019. Signature Not Verified Signed by: ADNAN HUSAIN Signing time: 09-01-2024 11:11:38 AM (ROOPESH CHANDRA VARSHNEY) JUDGE Adnan Signature Not Verified Signed by: ADNAN HUSAIN Signing time: 09-01-2024 11:11:38 AM
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