Madhya Pradesh High Court
MCC/446/2021 of BUDDH GIRI (GOSWAMI) Vs MANOJ KUMAR on 2 February 2024
COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI
1
IN THE HIGH COURT OF MADHYA PRADESHAT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE ROOPESH CHANDRA VARSHNEYON THE 2[nd] OF FEBRUARY, 2024
MISC. CIVIL CASE No. 446 of 2021
BETWEEN:-
1.BUDDH GIRI (GOSWAMI) S/O SHRI LOHRE GIRI,AGED ABOUT 48 YEARS, R/O VILLAGE DANDAKHIRAK GHATIGAON DISTRICT- GWALIOR(MADHYA PRADESH)AGED ABOUT 48 YEARS, R/O VILLAGE DANDAKHIRAK GHATIGAON DISTRICT- GWALIOR(MADHYA PRADESH)
2.SMT. PREMA DEVI GIRI W/O BUDH SINGH, AGEDABOUT 44 YEARS, OCCUPATION: HOUSEWIFE, R/OGRAM DADA KHIRAK GHATIGAON, DISTRICT-GWALIOR (MADHYA PRADESH)ABOUT 44 YEARS, OCCUPATION: HOUSEWIFE, R/OGRAM DADA KHIRAK GHATIGAON, DISTRICT-GWALIOR (MADHYA PRADESH)
3.SHALU GOSWAMI, D/O SHRI BUDH GIRI, AGED 18YEARS, R/O GRAM DADA KHIRAK GHATIGAON,DISTRICT-GWALIOR (MADHYA PRADESH)
(BY SHRI ASHOK RATHORE- ADVOCATE)
.....APPLICANTS
AND
1.MANOJ KUMAR S/O SHRI RATAN LAL VYASLAXMI GANJ LASHKAR GWALIOR (MADHYAPRADESH)LAXMI GANJ LASHKAR GWALIOR (MADHYAPRADESH)
2.AJAY KUMAR S/O NARAYAN PARVE DOLIBUA KAPUL LASHKAR (MADHYA PRADESH)PUL LASHKAR (MADHYA PRADESH)
3.BRANCH MANAGER NATIONAL INSURANCECOMPANY LTD. FIRST JAYENDRAGANJ LASHKAR(MADHYA PRADESH)
(NONE FOR THE RESPONDENTS)
.....RESPONDENTS
This application coming on for hearing this day, the court passed the following:
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ORDER
This petition is filed for restoration of M.A. No.1653/2011 which wasdismissed by the order of Principal Registrar of this Court dated 25/05/2015 fornon-compliance of peremptory order dated 27/02/2015.
It is submitted by the counsel for the applicants that due to some reason,he could not pay the court fee in time, therefore, this appeal was dismissed indefault.
For the reasons assigned in the application, which is supported by anaffidavit, sufficient cause is made out for restoration of M.A.No. 1653/2011.Hence, the same is allowed.
Accordingly, M.A. No.1653/2011 is restored to its original numbersubject to removal of default within a period of Fifteen days' from the date ofreceipt of certified copy of this order.
This MCC stands disposed of.
A copy of this order be kept in the record of M.A. No.1653/2011.
rahul
(ROOPESH CHANDRA VARSHNEY)JUDGE