Smt. Abhilasha vs Nagar Palika Parishad Gwalor
2022 Latest Caselaw 3940 MP

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                             IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR
                                                            SA No. 1207 of 2021
                                          (SMT. ABHILASHA AND OTHERS Vs NAGAR PALIKA PARISHAD GWALOR)

Dated : 22-03-2022
                                  Shri Kamal Mangal, learned counsel for the appellants.
                                  Heard on I.A.No.5398/2021, an application under Section 5 of Limitation

Act.
                                  Learned counsel for the appellants submitted that the impugned judgment
and decree was passed on 26/02/2020, thereafter, from March, 2020, lockdown
was imposed due to the outbreak of COVID-19.

                                  Learned counsel for the appellants has relied upon that the order passed by
Apex Court in Suo Motu Writ Petition (Civil) No.03/2020 as well as judgment
passed by the Division Bench of this Court at Principal Seat Jabalpur in W.P. No.
8820/2021 [In Reference (Suo Motu) Vs. Union of India & Ors.], wherein the
Division Bench of this Court has extended the period of limitation till 22/09/2021.
The present appeal has been filed on 13/09/2021, therefore, prays to condone the
delay.
                                  The said application is duly supported by an affidavit of appellant No.02-
Satendra @ Mukesh.

                                  In view of above and the reasons assigned in the application, I.A.
No.5398/2021 is hereby allowed and delay is condoned.
                                  Heard on admission.
                                  This Appeal is admitted on the following substantial question of law;
                                       "Whether the First Appellate Court has substantially erred in passing
                                       the decree without having decided the application under Order 6
                                       Rule 17 of CPC dated 30/08/2018?"

                                  Issue notice to the respondents on payment of process fee through Ordinary

as well as RAD mode within seven working days. Notice be made returnable within four weeks.

(SUNITA YADAV) JUDGE

vpn VIPIN KUMAR AGRAHARI 2022.03.22 VALSALA VASUDEVAN 2018.10.26 15:14:29 -07'00' 18:08:58 +05'30'