Munna vs Smt Bhageshwari Bai
2021 Latest Caselaw 65 MP

                                                                           1                             MCC-3029-2019
                                                The High Court Of Madhya Pradesh
                                                           MCC-3029-2019
                                                            (MUNNA Vs SMT BHAGESHWARI BAI AND OTHERS)


                                     Jabalpur, Dated : 22-02-2021
                                               Shri Subham Bharat, learned counsel for the applicant.

                                               None for the respondents though served.

Heard.

This is an application for restoration of F.A. No. 693/2010 which has been dismissed for want of prosecution by order dated 07.12.2015.

It is stated that since, the applicant did not received any information from his previous counsel about the further date of hearing, therefore, there was no representation on behalf of the applicant in the said case. It is further submitted that, because of the mistake of the counsel the parties should not be allowed to suffer. Reliance is placed on the judgment passed by the Supreme Court in the case of Rafiq & another Vs. Munshilal & anohter (AIR 1981 SC 1400).

Considering the averments made in the application supported by an affidavit and in absence of rebuttal, the present application is allowed.

Delay in filing the application for restoration is hereby condoned. Office is directed to restore the F.A. No. 693/2010 to its original number.

(VIJAY KUMAR SHUKLA) JUDGE

Amitabh

Signature Not Verified SAN

Digitally signed by AMITABH RANJAN Date: 2021.02.22 16:02:15 IST