Madhya Pradesh High Court
Ambika Sharma vs The State Of Madhya Pradesh on 27 November, 2015
COMMON CONDITIONAL ORDER IN THE MATTERS
RELATING TO SERIAL NOs.1001 to 1007
27/11/2015
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.
Cases No. Returnable
Date
CR 111/2013, MA 860/2014, 11/01/16
MCC 165/2015, RP 377/2015,
WP 6348/2015, WP 6507/2015,
WP 6550/2015
(U.C.Maheshwari)
Judge
Prachi*