Smt Shradha Jaat vs Sunai Kutumbade
2021 Latest Caselaw 7780 MP

                                                                        1                             MCC-1684-2021
                                             The High Court Of Madhya Pradesh
                                                      MCC No. 1684 of 2021

(SMT SHRADHA JAAT AND OTHERS Vs SUNAI KUTUMBADE AND OTHERS)

Jabalpur, Dated : 24-11-2021 Shri Kapil Patwardhan, learned counsel for the petitioner.

Heard on I.A.No.8722/2021, an application under Section 5 of Limitation Act for condonation of delay.

Considering the judgment passed by the Hon'ble Supreme Court from 15.03.2020 to 02.10.2021, the period during the covid pandemic has been

relaxed by the Hon'ble Supreme Court.

Considering the facts and circumstances of the case and also the fact that the application has been dismissed for non compliance of common conditional order for non payment of the court fees. Delay in filing the application for restoration is hereby condoned and is allowed.

Counsel for the petitioner submits that he will deposit the court fees within two weeks from today. Considering the statement made by him, the application is allowed.

Considering the reasons assigned in the MCC, M.A.No.5363/2019 be

restored to its original number subject to the conditions that the default of the court fees be cured within 15 days from today, failing which the petition shall stands dismissed without further reference to this court.

Looking to the nature of cause and bona fide intents as well as settled law that for the fault of the counsel, the litigant should not be made to suffer (See : AIR 2001 SC 2497, M.K.Prasad Vs. P. Arumugam, 2007 (5) MPHT 470, Dindayal Bansal Vs. Gwalior Nagar Tatha Gram Vikas Pradhikaran, AIR 1981 SC 1400, Rafiq and Another Vs. Munshilal and Another), the MCC is allowed.

M.A.No.5363/2019 is restored to its original number subject to payment of cost o f Rs.1,000/- (Rupees One Thousand Only) to be deposited in the office of Legal Service Committee of this Court within a Signature Not Verified SAN period of seven working days.

Digitally signed by SHALINI LANDGE Date: 2021.11.25 10:38:42 IST 2 MCC-1684-2021 Copy of this order be kept in the file of M.A.No.5363/2019. Accordingly, the MCC stands finally disposed of.

(VISHAL MISHRA) JUDGE

Sha

Signature Not Verified SAN

Digitally signed by SHALINI LANDGE Date: 2021.11.25 10:38:42 IST