PATOLABAI (DEAD) THR. LRS. KALLOBAI v. HIRA SINGH (DEAD) TH. LRS GAJENRA SINGH
Court: High Court of Madhya Pradesh
Judgment date:
Case summary
High Court of Madhya Pradesh judgment dated 2024-01-09. PATOLABAI (DEAD) THR. LRS. KALLOBAI v. HIRA SINGH (DEAD) TH. LRS GAJENRA SINGH. Read the judgment...
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. 2347 of 2023 BETWEEN:- PATOLABAI (DEAD) THR. LRS. KALLOBAI W/O SHRI TARABAI, AGED 55 YEARS, R/O RAMGARH RAOD, DABRA, DISTRICT GWALIOR (MADHYA PRADESH) ..... APPLICANT (BY MRS. SANGEETA PACHAURI - ADVOCATE) AND HIRA SINGH (DEAD) TH. LRS GAJENRA SINGH S/O SHRI SANTOSH SINGH R/O WARD NO. 4, RAMGARH ROAD, DABRA, DISTRICT GWALIOR (MADHYA PRADESH) ..... RESPONDENT This application coming on for admission this day, the court passed the following: ORDER Heard on I. A. No. 6852/2023, an application under Section 5 of Limitation Act for condonation of delay. It is submitted that there is a delay of about 476 days in filing the present 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 S. A. No.
411/2013, which stood dismissed for want of prosecution by this Court vide order dated 09. 05. 2022. Signature Not Verified Signed by: ADNAN HUSAIN Signing time: 11-01-2024 10:16:38 AM I t is submitted by the counsel for the applicant that on the date of hearing, the counsel for the applicant was not well, therefore, he could not attend the Court. It is settled in law that for the mistake of counsel, litigant should not be made to suffer due to fault of his counsel. Fo r the reasons assigned in the application, which is supported by an affidavit, sufficient cause is made out for restoration of S. A. No. 411/2013. Hence, the application is allowed and S. A. No. 411/2013 i s restored to its original number. A copy of this order be placed in the record of S. A. No. 411/2013. This M. C. C. stands disposed of accordingly. (ROOPESH CHANDRA VARSHNEY) JUDGE Adnan Signature Not Verified Signed by: ADNAN HUSAIN Signing time: 11-01-2024 10:16:38 AM
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