Madhya Pradesh High Court
Najru vs Decd.Batul Bai on 13 March, 2023
Author: Vivek Rusia
Bench: Vivek Rusia
HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE
MATTERS NOTIFIED AT SERIAL NOS. 1001 TO 1054
Indore, dated 13/03/2023
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.
Sr. No.1001 to 1020 Returnable Date- 27/04/2023 Sr. No.1021 to 1040 Returnable Date- 28/04/2023 Sr. No.1041 to 1054 Returnable Date- 01/05/2023 (VIVEK RUSIA) JUDGE Divyansh Signature Not Verified Signed by: DIVYANSH SHUKLA Signing time: 13-03-2023 15:01:33