Kapildev Singh vs Uma Pratap Singh
2023 Latest Caselaw 1468 MP

                                                          1
                           IN    THE      HIGH COURT OF MADHYA PRADESH
                                               AT JABALPUR
                                                    BEFORE
                                   HON'BLE SHRI JUSTICE ARUN KUMAR SHARMA
                                             ON THE 25 th OF JANUARY, 2023
                                             MISC. APPEAL No. 1394 of 2022

                          BETWEEN:-
                          KAPILDEV SINGH S/O LATE SHRI DADDA SINGH, AGED
                          ABOUT 47 YEARS, OCCUPATION: FARMING VILLAGE
                          KALHARI P.S. AND TEHSIL BEOHARI DISTRICT
                          SHAHDOL (MADHYA PRADESH)

                                                                                     .....APPELLANT
                          (BY MR. AKHIL SINGH - ADVOCATE)

                          AND
                          1.    UMA PRATAP SINGH S/O SHRI SHIVPRATAP
                                SINGH, AGED ABOUT 52 YEARS, OCCUPATION:
                                TEACHER VILLAGE KALHARI P.S. AND TEHSIL
                                BEOHARI   DISTRICT  SHAHDOL    (MADHYA
                                PRADESH)

                          2.    STATE  OF    MADHYA    PRADESH, THROUGH
                                COLLECTOR,              SHAHDOL DISTRICT-
                                SHAHDOL(M.P.) (MADHYA PRADESH)

                                                                                  .....RESPONDENTS
                          (MR. VINAY SINGH BAGHEL - ADVOCATE FOR RESPONDENT NO.1 AND
                          MR. RAMJI PANDEY - GOVERNMENT ADVOCATE FOR RESPONDENT
                          NO.2/STATE )

                                Heard through Video Conferencing
                                This appeal coming on for admission this day, th e court passed the
                          following:
                                                           ORDER

This Miscellaneous Appeal is filed under Order 43 Rule 1(t) of C.P.C against the order dated 16.03.2022 (Annexure-A/1), passed by Additional District Judge, Beohari, District-Shahdol (M.P.) in MJC No. 16/21, whereby Signature Not Verified Signed by: JULIE SINGH Signing time: 1/27/2023 12:36:03 PM

application for restoration of Regular Civil Appeal No.6-A/2011 has been dismissed.

Brief facts of the case are that the respondent no.1 filed a civil suit for declaration of title and permanent injunction in respect of suit land bearing Khasra No.437, Rakba 1.18 acres against the appellant which was decreed by Civil Judge Class-I Beohari in Civil Suit No.27-A/2009 on 30.11.2010. The said suit was decreed in favour of the respondent no.1. Thereafter the appellant filed a regular civil appeal before the Additional District Judge Beohari registered as Regular Civil Appeal No.6-A/2011. On 04.10.2017, the learned lower appellate court dismissed the regular civil appeal for want of prosecution. Thereafter

when appellant gained knowledge, filed an application for restoration of Regular Civil Appeal.

Learned counsel for the appellant submit that on account of mistake of the counsel, the party should not be suffered. The counsel in the matter has assured that he will look after the matter, but has not appeared on 04.10.2017 and also did not inform the dates of the proceedings and matter is not decided on merits. Therefore prayed that the matter be restored to its original number.

Per contra, learned counsel for the respondent no.1 has vehemently opposed the prayer and has drawn the attention of this Court to the judgment of the Apex Court in the matter of Basawaraj and others Vs. Special Land Acquisition Officer (2013)14 SCC 81 and to the order dated 20.04.2022 passed by the Coordinate Bench of this Court in Second Appeal No.427/2010 and has prayed for its rejection.

Looking to the overall facts and circumstances of the case, sufficient cause is made out to restore Regular Civil Appeal No.6-A/2011 to its original number.

Signature Not Verified Signed by: JULIE SINGH Signing time: 1/27/2023 12:36:03 PM

Accordingly subject to deposit of cost of Rs.1000/- (Rupees One Thousand only) in the High Court Legal Aid Service Committee Jabalpur within a period of 15 working days from today, this miscellaneous appeal is allowed and the order dated 16.03.2022 passed by Additional District Judge, Beohari, District-Shahdol (M.P.) in MJC No.16/21 is hereby set aside, meaning thereby the Regular Civil Appeal No.6-A/2011 be restored to its original number and be decided as per rules.

Let a copy of this order be sent to the concerned Court for its compliance.

Certified copy as per rules.

(ARUN KUMAR SHARMA) JUDGE julie

Signature Not Verified Signed by: JULIE SINGH Signing time: 1/27/2023 12:36:03 PM