Madhya Pradesh High Court
MCC/242/2024 of RAM SHARMA Vs SHIKHA SHARMA on 2 February 2024
COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI
1
IN THE HIGH COURT OF MADHYA PRADESHAT GWALIORBEFORE
HON'BLE SHRI JUSTICE ROOPESH CHANDRA VARSHNEYON THE 2[nd] OF FEBRUARY, 2024
MISC. CIVIL CASE No. 242 of 2024
BETWEEN:-
RAM SHARMA S/O SHRI SURESH SHARMA, AGE 32YEARS, OCCUPATION UNEMPLOYED, R/O 48, G-1 NEWNEHRU COLONY, BEHIND TAPTI APARTMENT,THATIPUR GWALIOR (M.P.) AT PRESENT C/O MUKESHJHA, BEHIND SONEPAL MEMORIAL SCHOOL,BADAGAON, KHURERI CHAURAHA, MORAR, GWALIOR(MADHYA PRADESH)
(BY SHRI RISHABH MISHRA- ADVOCATE)
.....APPLICANT
AND
SHIKHA SHARMA W/O SHRI RAM SHARMA D/O SHRISURESH KUMAR SHARMA, AGE 31 YEARS,OCCUPATION HOUSEWIFE, R/O P.H.E COLONY, BEHINDLITTLE CHILDREN SCHOOL, CHAR SHAHAR KA NAKA,GWALIOR (MADHYA PRADESH)
(NONE)
.....RESPONDENT
This application coming on for admission this day, the court passed the following:
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ORDER
Heard on IA No.711/2024, which is an application under Section 5 of Limitation Act for condonation of delay.
For the reasons mentioned in the aforesaid application, same is allowed and the delay is hereby condoned.
Heard on the main application.
This is an application for restoration of M.P. No.7288/2023, which stood dismissed for want of prosecution by this Court vide order dated 21.12.2023.I t is submitted by the counsel for the applicant that on the date ofhearing, the counsel for the applicant was not well, therefore, he could notattend the Court. It is settled in law that for the mistake of counsel, litigantshould not be made to suffer due to fault of his counsel.
For the reasons assigned in the application, which is supported by anaffidavit, sufficient cause is made out for restoration of M.P. No.7288/2023.Hence, the application is allowed and M.P. No.7288/2023 is restored to itsoriginal number.
A copy of this order be placed in the record of M.P. No.7288/2023.
This M.C.C. stands disposed of accordingly.
shivani
(ROOPESH CHANDRA VARSHNEY)JUDGE