Madhya Pradesh High Court

MCC/334/2023 of LALAN YADAV Vs RAMGATI VANSHAL on 13 August 2025

COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI

IN THE HIGH COURT OF MADHYA PRADESH

AT JABALPUR

BEFORE

HON'BLE SHRI JUSTICE MANINDER S. BHATTI

ON THE 16th OF FEBRUARY, 2023

MISC. CIVIL CASE No. 334 of 2023

BETWEEN:-

1.

LALAN YADAV S/O BABAI YADAV, AGED ABOUT

YEARS, OCCUPATION: BUSINESS VILLAGE

PIPARKHED POST KARAILA P.S. MORVA TEHSIL

CHITRANGI

DISTRICT-

SINGRAULI,

M.P.

(MADHYA PRADESH)

2.

RAJSAJAN YADAV S/O LALAN YADAV, AGED

ABOUT 26 YEARS, OCCUPATION: SELF EMPLOYED

R/O

VILLAGE

PIPARKHAD,

POST

KARAILA,

POLICE STATION MORVA, TEHSIL CHITRANGI,

DISTRICT SINGRAULI (MADHYA PRADESH)

.....APPLICANTS

(BY SHRI R.K. PATHAK - ADVOCATE)

AND

1.

RAMGATI VANSHAL S/O MANDHARI VANSHAL,

AGED

ABOUT

Page 1 of 3

YEARS, OCCUPATION:

FARMER/LABOUR

VILLAGE

SAGNARA

POST

OFFICE DARBARI P.S. CHITRANGI DISTRICT-

SINGRAULI, M.P. (MADHYA PRADESH)

2.

BRANCH

MANAGER, NATIONAL

INSURANCE

COMPANY LIMITED BRANCH OFFICE WAIDHAN,

DISTRICT SINGRAULI (MADHYA PRADESH)

.....RESPONDENTS

This application coming on for admission this day, the court passed the following:

ORDER

This is an application seeking restoration of MA No.1923/2022 which has been dismissed for non-compliance of peremptory order dated 04.07.2022.

Page 2 of 3

Signed by: SHUBHAM THAKKER Signing time: 2/20/2023 3:02:29 PM Signature Not Verified

(MANINDER S. BHATTI) JUDGE Learned counsel for applicant contends that there was default pertaining to deficit court fee which could not be rectified within stipulated period and resultantly, MA No.1923/2022 was dismissed for non-compliance of peremptory order. It is contended by counsel that as the applicant could not be communicated regarding factum of defect thus, the same could not be cured within stipulated period and, therefore, the delay occasioned in filing of the application being bona fide and inadvertent, deserves to be condoned. Upon taking into consideration, the contents of I.A. No.2493/2023 which is supported by an affidavit of the applicant, the same is allowed. Delay is condoned. Upon taking into consideration, the contents of application for restoration which is supported by affidavit of the applicant, the same is also allowed. Let MA No.1923/2022 be restored to its original number subject to removal of defect within 15 days from today. Office is directed to verify the factum of removal of defect. With the aforesaid, MCC stands allowed/ disposed of. Shub

Signed by: SHUBHAM THAKKER Signing time: 2/20/2023 3:02:29 PM Signature Not Verified

Page 3 of 3

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