Van Vibhag Madhya Pradesh Shasan vs Mahesh Tiwari
2022 Latest Caselaw 13432 MP

                                                                         1
                                                    IN THE HIGH COURT OF MADHYA PRADESH
                                                                 AT JABALPUR
                                                                       BEFORE
                                                         HON'BLE SHRI JUSTICE VIVEK AGARWAL
                                                              ON THE 12th OF OCTOBER, 2022

                                                            MISC. APPEAL No. 1392 of 2002

                                               BETWEEN:-
                                               1. VAN VIBHAG MADHYA PRADESH SHASAN,
                                               THROUGH DIVISIONAL FOREST OFFICER,
                                               OPPOSITE ELGIN HOSPITAL, JABALPUR
                                               2. MADHYA PRADESH SHASHAN THROUGH
                                               COLLECTOR, JABALPUR

                                                                                                     .....APPELLANTS
                                               (BY SHRI PIYUSH BAHTNAGAR, PANEL LAWYER)

                                               AND
                                               MAHESH TIWARI , AGED ABOUT 52 YEARS S/O
                                               SHRI   BALKISHAN    TIWARI    BUSINESS-
                                               AGRICULTURE R/O. SANJAY GANDHI SIDDHA
                                               NAGAR VILLAGE PURWA, TRIPURI WARD
                                               JABALPUR M.P.

                                                                                                   .....RESPONDENTS
                                               (NONE )

                                             This appeal coming on for final hearing this day, the court passed the
                                       following:
                                                                          ORDER

This Miscellaneous Appeal is filed on behalf of the defendants under Order 43 Rule(1)(d) being aggrieved of order dated 30.04.2002 passed by learned 11th Additional District Judge, Jabalpur in MJC No.1/1999 rejecting an application under Order 9 Rule 13 CPC on the ground of limitation.

Shri Piyush Bhatnagar placing reliance on the judgment of Coordinate

Signature Not Verified SAN Bench of this Court in Suresh Kumar and Others Vs. Kurban Hussain

Digitally signed by MOHD TABISH KHAN Taiyab Ali (Firm) and Others, 1996 MPLJ 330 submits that it is the duty Date: 2022.10.12 18:09:49 IST

of Court to give opportunity to the party concerned to file application and seek

condonation of delay and no such opportunity was afforded to the petitioner.

Making this submission, it is submitted that since appellants case is squarely covered by the law laid down by Coordinate Bench, impugned order be set aside. Matter be remitted to the concerned 11th Additional District Judge, Jabalpur to afford an opportunity to file an application for condonation of delay and decide the case on its own merits after affording opportunity to lead evidence in this behalf.

I am in agreement with the judgment cited by Shri Piyush Bhatnagar in Suresh Kumar and Others (supra). Accordingly, this Miscellaneous Appeal is allowed. Impugned order is set aside. Matter is remitted to the 11th

Additional District Judge, Jabalpur to afford an opportunity to the appellants to move an appropriate application and decide the same on its own merits within further period of three months after affording an opportunity of hearing to the opposite party.

In above terms, this appeal is disposed of. Lower Court record be sent back.

(VIVEK AGARWAL) JUDGE Tabish

Signature Not Verified SAN

Digitally signed by MOHD TABISH KHAN Date: 2022.10.12 18:09:49 IST