Madhya Pradesh High Court
Smt. Yamuna Patil vs Iqbal on 29 January, 2020
Author: S.C.Sharma
Bench: S.C.Sharma
HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE
MATTERS NOTIFIED AT SERIAL NOS. 1001 TO 1012
Indore, dated 29/01/2020
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 1012 Returnable Date - 16/03/2020 (S. C. SHARMA) JUDGE Rashmi Digitally signed by Rashmi Prashant Date: 2020.01.29 14:43:55 +05'30'