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Madhya Pradesh High Court

The State Of Madhya Pradesh vs Deced. Gopal S/O Dayaram Thru. Lrs. ... on 16 June, 2021

Author: Rohit Arya

Bench: Rohit Arya

                          HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE
                                            MATTERS NOTIFIED AT SERIAL NOS. 1001 to 1020
                      Indore dated 16.06.2021
                              The Court proposes to pass this common conditional order to obviate passing of
                      identical conditional order in these matters involving similar office objection/default.
                              In all these matters, due to non-removal of office objection within the prescribed
                      time as per the Rules, the concerned matter was placed before the Registrar in the first
                      instance.     The Registrar granted sufficient time to the petitioner(s)/ applicant(s)/
                      appellant(s) to cure the defect/office objection, however, due to non-removal of office
                      objection/default within the prescribed time, the concerned matter was required to be
                      once again listed before the Court. The Court granted further time, by passing common
                      order on the earlier occasion.
                              In spite of repeated opportunity (three times-one under Rules, second by the
                      Registrar and third by Court), the petitioner(s)/ applicant(s)/appellant(s) has failed to cure
                      the office objection/default. As a result, by way of indulgence and last opportunity, in
                      terms    of    this     order,   SIX    WEEKS'     further    time    is   granted    to   the
                      petitioner(s)/applicant(s)/appellant(s) in the respective matters to remove office
                      objection/default and make the matter ready for further hearing within that time, failing
                      which the concerned petition/application/appeal shall stand dismissed for non-
                      prosecution without further reference to the Court.
                              Provided, however, in cases, where the objection/default is about non-
                      service of any of the respondent, on expiry of the extended period, the concerned

matter will stand dismissed for non-prosecution only against the unserved respondent(s), without further reference to the Court. The matter would then proceed against the remaining respondent(s).

In cases where the office objection/default has already been cured before passing of this order, it will be open to the concerned party to bring that fact to the notice of the Registrar (Judicial-II), who may examine the same and proceed with the matter as per the listing /scheme, if ready for hearing.

If the office objections are removed within the time extended in terms of this order, the concerned matter(s) be made returnable on the date notified hereafter.

S.No. Cases as per cause list number Returnable dates 1 1001 to 1020 02/08/21 (Rohit Arya) JUDGE vibha VIBHA PACHORI 2021.06.17 11:19:57 +05'30'