Madhya Pradesh High Court
Balkishan Chaubey [D] Th: ... vs State Of M.P on 9 November, 2022
Author: Deepak Kumar Agarwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
ON THE 9th OF NOVEMBER, 2022
MISC. APPEAL No. 1202 of 2013
Between:-
BALKISHAN CHAUBEY [DEAD]
TH: LRS:
GULAB DEVI WD/O LATE
1 BALKISHAN, AGED ABOUT 80
YEARS, R/O DAL BAZAAR
TIRAHA BALKISHAN BHAWAN
LASHKAR GWALIOR (MADHYA
PRADESH)
SHRAVAN KUMAR CHOUBEY S/O
2 LATE BALKISHAN CHOUBEY
(DEAD) THROUGH L.RS.
SMT. UMA CHAUBEY W/O LATE
SHRI SHRAVAN KUMAR
CHAUBEY, AGED 58 YEARS R/O
2a
DAL BAZAR TIRAHA,
BALKISHAN BHAWAN,
LASHKAR, GWALIOR
Signature Not Verified
Signed by: MADHU
SOODAN PRASAD
Signing time: 10-11-2022
09:34:12 AM
2
RAVINDRA CHAUBEY S/O LATE
SHRI SHRAVAN KUMAR
CHAUBEY, AGED 38 YEARS R/O
2b
DAL BAZAR TIRAHA,
BALKISHAN BHAWAN,
LASHKAR, GWALIOR
SHIV KUMAR CHAUBEY S/O
LATE SHRI SHRAVAN KUMAR
CHAUBEY, AGED 35 YEARS R/O
2C
DAL BAZAR TIRAHA,
BALKISHAN BHAWAN,
LASHKAR, GWALIOR
SHAILENDRA CHAUBEY S/O
LATE SHRI SHRAVAN KUMAR
CHAUBEY, AGED 33 YEARS R/O
2D
DAL BAZAR TIRAHA,
BALKISHAN BHAWAN,
LASHKAR, GWALIOR
PRADEEP CHOUBEY S/O LATE
BALKISHAN CHOUBEH, AGED
ABOUT 56 YEARS, R/O DAL
3
BAZAAR TIRAHA BALKISHAN
BHAWAN LASHKAR GWALIOR
(MADHYA PRADESH)
.....APPELLANTS
(BY SHRI S.K.SHARMA -ADVOCATE)
AND
Signature Not Verified
Signed by: MADHU
SOODAN PRASAD
Signing time: 10-11-2022
09:34:12 AM
3
STATE OF M.P TH:COLLECTOR
GWALIOR DIST GWALIOR
1. OFFICE GORKHI PRAGAN
MAHARAJ BADA LASHKAR
GWALIOR (MADHYA PRADESH)
SANYUKT SANCHALAK AVAM
ADHIKSHAK JAYAROGYA
2. CHIKITSALAYA JAYAROGYA
PARISAR,LASHKAR,GWALIOR
(MADHYA PRADESH)
NAGAR PALIKA NIGAM
GWALIOR TH: COMMISSIONER
3. NAGAR PALIKA NIGAM OFFICE
MAHARAJ BADA, LASHKAR,
GWAILOR (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI G.K. AGRAWAL - GOVT. ADVOCATE FOR
THE STATE.
This appeal coming on for hearing this day, the court
passed the following:
ORDER
With the consent of learned counsel for the parties, matter
is heard finally.
Appellants have preferred this Misc. Appeal being
aggrieved by the order dated 21.10.2013 passed by the 4 th
Signature Not Verified
Signed by: MADHU
SOODAN PRASAD
Signing time: 10-11-2022
09:34:12 AM
Additional District Judge, Gwalior, in MJC No.66/2012 by
which their application under Section 5 of the Limitation Act has
been dismissed.
In brief facts of the case are that against the judgment and
decree passed by the 5 th Civil Judge, Class I, Gwalior, in Civil
Suit No.5-A/2009 on 30.8.2011, appellants preferred appeal
before the 1st appellate Court which was dismissed on 7.8.2012
for want of prosecution. Thereafter appellants preferred an
application under Order 41 Rule 19 along with an application
Section 5 of the Limitation Act and prayed that delay of 92 days
in filing the aforesaid application be condoned. Learned
appellate Court vide impugned order observed that appellants
filed application for taking certified copy on 7.9.2012 and it was
to be delivered on 11.9.2022, thereafter on 13.9.2012 even after
information he did not collect the copy and after three months on
14.12.2012 he received the copy and dismissed his application
under Section 5 of the Limitation Act and consequently his
Signature Not Verified
Signed by: MADHU
SOODAN PRASAD
Signing time: 10-11-2022
09:34:12 AM
application under Order 41 Rule 19 read with Section 151 of
CPC has also been dismissed.
Heard learned counsel for the parties and perused the
record.
It is true that there is delay in filing the application, but in
the interest of justice, looking to the facts and circumstances of
the case, on depositing cost of Rs.1,000/-, trial Court is directed
to restore the MJC and decide the same on merits.
With the aforesaid, this Misc. Appeal stands disposed of.
(DEEPAK KUMAR AGARWAL)
Judge
ms/-
Signature Not Verified
Signed by: MADHU
SOODAN PRASAD
Signing time: 10-11-2022
09:34:12 AM
