SMT POOJA SEN v. GOVIND SINGH
Court: High Court of Madhya Pradesh
Judgment date:
Case summary
High Court of Madhya Pradesh judgment dated 2024-01-09. SMT POOJA SEN v. GOVIND SINGH. 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 9 OF JANUARY, 2024 MISC. CIVIL CASE No. 2367 of 2023 BETWEEN:- 1. SMT POOJA SEN, W/O SHRI SANJEEV KUMAR SEN, AGED 33 YEARS, R/O WARD NO. 27, BEHARA PANDIT SANTAR MORAR, GWALIOR (MADHYA PRADESH) 2. SANJEEV KUMAR SEN, S/O SHRI LALTA PRASAD SEN, AGED 35 YEARS, R/O WARD NO. 27, BEHARA PANDIT SANTAR, MORAR, GWALIOR (MADHYA PRADESH) ..... APPLICANTS (BY SHRI GYAN SINGH YADAV- ADVOCATE) AND 1. GOVIND SINGH, S/O BALRAM SINGH, OCCUPATION- TRUCK DRIVER NO. UP14-AH-9562, R/O JINSI NALA NO. 1 LASHKAR, GWALIOR (MADHYA PRADESH) 2. COMMISSIONER, MUNICIPAL CORPORATION, GWALIOR COMMISSIONER OFFICE, CITY CENTER, GWALIOR- OWNER TRUCK NO. UP14-AH- 956 (MADHYA PRADESH) 3. THE NATIONAL INSURANCE CO. LTD. THROUGH DIVISIONAL MANAGER OFFICE AT JAYENDRA GANJ LASHKAR GWALIOR (MADHYA PRADESH) .....
RESPONDENTS (NONE FOR THE RESPONDENTS) This application coming on for admission this day, the court passed the following: ORDER Signature Not Verified Signed by: RAHUL SINGH Signing time: 12-01-2024 10:32:20 AM Heard on I. A. No. 5687/2023, an application under Section 5 of Limitation Act for condonation of delay. For the reasons stated in the application, IA No. 5687/2023 is allowed and delay is hereby condoned. The instant application has been moved for restoration of M. A. No. 1461/2020, which stood dismissed for non-compliance of the common conditional peremptory order dated 06/09/2021. 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. 1461/2020. Hence, the application is allowed and M. A. No. 1461/2020 is restored to its original number for being adjudicated on its own merits. However, it is made clear that the period during which M. A. No.
1461/2020 remained dismissed in default, shall not be counted for the purpose of interest, if appeal succeeds in future. Accordingly, this MCC stands allowed. A copy of this order be placed in the record of M. A. No. 1461/2020. (ROOPESH CHANDRA VARSHNEY) JUDGE rahul Signature Not Verified Signed by: RAHUL SINGH Signing time: 12-01-2024 10:32:20 AM
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