Parma S/O Khadaiya Chadar (Dead) ... vs Dasai
2023 Latest Caselaw 14392 MP

                                                       1
                            IN    THE     HIGH COURT OF MADHYA PRADESH
                                               AT JABALPUR
                                                    BEFORE
                                 HON'BLE SHRI JUSTICE AVANINDRA KUMAR SINGH
                                           ON THE 2 nd OF SEPTEMBER, 2023
                                            MISC. APPEAL No. 6284 of 2019

                           BETWEEN:-
                           1.    PARMA S/O KHADAIYA CHADAR (DEAD) THR LRS
                                 RAJAN S/O LATE PARMA CHADAR, AGED ABOUT
                                 62 YEARS, R/O. MANDLA ROAD MODEL TOWN
                                 COLONY NEAR       MAJOR    BILHARI DISTT.
                                 JABALPUR RECENT R/O. BEAR HOUSE (WARE
                                 HOUSE) NAI BASTI, DISTT. JABALPUR (MADHYA
                                 PRADESH)

                           2.    RAJU S/O LATE SHRI PARMA CHADAR, AGED
                                 ABOUT 36 YEARS, R/O. MANDLA ROAD MODEL
                                 TOWN COLONY NEAR MAJOR BILHARI DISTT.
                                 JABALPUR RECENT R/O. BEAR HOUSE (WARE
                                 HOUSE) NAI BASTI, DISTT. JABALPUR (MADHYA
                                 PRADESH)

                                                                             .....PETITIONER
                           (BY SHRI MUKHTAR AHMED - ADVOCATE)

                           AND
                           1.    DASAI S/O LATE PUCHCHA CHADAR, AGED
                                 ABOUT 72 YEARS, R/O. BALEKHTA PS RITHI,
                                 DISTRICT KATNI (MADHYA PRADESH)

                           2.    REWA CHADAR S/O SHRI HAGUA CHADAR, AGED
                                 ABOUT 60 YEARS, BALEKHTA PS RITHI DISTT.
                                 KATNI RECENT R/O N.K.J RAILWAY (MADHYA
                                 PRADESH)

                           3.    STATE OF MP THROUGH       COLLECTOR KATNI
                                 (MADHYA PRADESH)

                           4.    KRISHNA KUMAR ALIAS CHANGA CHADAR S/O
                                 NOT KNOWN, AGED ABOUT 55 YEARS, BILEHRI
                                 NEAR POST OFFICE P.S KENT CANTT, DISTT.
                                 JABALPUR (MADHYA PRADESH)

                           5.    SIYA BAI D/O DEENANATH CHADAR, AGED
Signature Not Verified
Signed by: VIKRAM SINGH
Signing time: 04-09-2023
15:06:27
                                                         2
                                 ABOUT 35 YEARS, R/O BASATAR KHEDA DAMOH ,
                                 DISTRICT DAMOH (MADHYA PRADESH)

                           6.    KAMLA BAI D/O LATE PARMA CHADAR, AGED
                                 ABOUT 53 YEARS, R/O GORA BAZAR ( KENT)
                                 CANTT. P.S GORA BAZAR, DISTRICT JABALPUR
                                 (MADHYA PRADESH)

                                                                                         .....RESPONDENTS
                           (BY SHRI P.C. PALIWAL - ADVOCATE FOR RESPONDENTS NO. 1 AND 2
                           AND SHRI ASHOK SINHA - GOVERNMENT ADVOCATE)

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

This appeal has been filed against the order dated 4.10.2019 passed in

MJC No. 55/2017 ( Parma S/o Sh. Khadaiya Chadar (dead) and another Vs. Dasai and others) by which the application under Section 5 of the Limitation Act was dismissed by the learned Fifth Additional District Judge, Katni along with many reasons including the ground as mentioned in para 16(d) that delay after 11.04.2017 when the certified copy was obtained, has not been explained. M.J.C. was filed on 27.04.2017.

During the course of arguments, learned counsel for the appellants submitted that appellant Rajan was 62 years old at the relevant point of time i.e. the year 2016 and was suffering from various ailments. The other appellant Raju met with an accident for which he has filed Final Report in Crime No. 97/2016 dated 21.02.2016 of Jabalpur, Cantt in which name of Raju Chadhar S/o Parma has been mentioned as the lodger of the F.I.R.

During the course of arguments, learned counsel for the appellants submitted that delay may be condoned and cost may be imposed. He placed reliance on the judgment in Salikram and others Vs. Keshav and others, 2012(1) M.P.L.J. 93 in which the learned Co-ordinate Bench of this Court has Signature Not Verified Signed by: VIKRAM SINGH Signing time: 04-09-2023 15:06:27

held that in matter of delay, if some cause is shown, then the Court should accept the same liberally and not dismiss it on technical grounds.

Learned counsel for the respondent Shri P.C. Paliwal, after arguing for sometime, agreed that the matter may be allowed on imposition of heavy cost.

In view to facilitate final disposal of the main case at concerned Court, delay of 171 days is condoned on payment of Rs. 8,000/- as cost by the appellants within thirty days from the date of this order. Out of the said amount Rs. 5,000/- shall be paid to the opposite party and Rs. 3,000/- shall be deposited with M.P. State Legal Services Authority, Jabalpur.

It is made clear that if any of the parties seeks adjournment then the trial Court shall be at liberty to pass appropriate orders in view of the matter being very old.

Accordingly, this appeal stands disposed of. Let copy of this order be sent back to the concerned Court for information and compliance.

(AVANINDRA KUMAR SINGH) JUDGE Vikram

Signature Not Verified Signed by: VIKRAM SINGH Signing time: 04-09-2023 15:06:27