Samaylal Baiga vs Smt. Urmila Kol
2021 Latest Caselaw 5985 MP

1 MCC-1267-2021 The High Court Of Madhya Pradesh MCC-1267-2021 (SAMAYLAL BAIGA Vs SMT. URMILA KOL AND OTHERS)

Jabalpur, Dated : 24-09-2021 Heard through Video Conferencing.

Shri Akhilesh Kumar Jain, learned counsel for the petitioner. This is an application for restoration of S.A. No.3294/2019, which has been dismissed for non-compliance of peremptory order dated 31.1.2020.

Learned counsel for the applicant submits that due to unavoidable

circumstances, he could not remove the default, therefore, present MCC be allowed and aforesaid second appeal be restored in the interest of justice.

Heard on I.A. No.6587/2021, an application for condonation of delay. As far as the limitation is concerned, this MCC is filed with a delay of 551 days but the benefit of covid relaxation in light of the Hon'ble Supreme Court judgment dated 27.04.2021 has been extended to the petitioner. In such circumstances, Registry has pointed out that there is no delay in filing this MCC.

Accordingly, I.A. No.6587/2021 is allowed and disposed of.

Considering the reasons assigned in the MCC and 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.

S.A. No.3294/2019 is restored to its original number subject to payment of cost of Rs.1,000/- (Rupees One Thousand Only) to be deposited in the office of Legal Service Committee of this court within a period of seven working days.

Signature Not Copy of this order be kept in the file of S.A. No.3294/2019. SAN Verified

Digitally signed by MOHD IRFAN SIDDIQUI Date: 2021.09.25 11:26:32 IST 2 MCC-1267-2021 Accordingly, the MCC stands finally disposed of.

                                                                            (VISHAL MISHRA)
                                                                                 JUDGE


                      irfan




Signature
 SAN      Not
Verified

Digitally signed by
MOHD IRFAN
SIDDIQUI
Date: 2021.09.25
11:26:32 IST