Madhya Pradesh High Court
Bharat Lal Rathore vs Raju Singh Gurjar on 8 May, 2023
Author: Rohit Arya
Bench: Rohit Arya
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HIGH COURT OF MADHYA PRADESH : BENCH AT
GWALIOR
SINGLE BENCH - I
MOTION HEARING
[COMMON CONDITIONAL ORDERS]
IN MATTERS NOTIFIED AT SERIAL NOS. 1001 TO 1011 ON THE
BOARD DATED : 08/05/2023
DUE TO NON-COMPLIANCE OF COURT ORDER
CAUSE TITLES AND APPARANCE AS NOTIFIED
Matters from Sr. No. 1001 to 1011 are listed with office objection(s)
The Court proposes to pass a 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.
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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 No. Returnable Date 1 1001 to 1011 23/06/2023 (Anand Pathak) Judge (Dubey) Digitally signed by SUNEEL DUBEY DN: c=IN, o=HIGH COURT OF MADHYA SUNEEL PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya Pradesh, 2.5.4.20=157244b0239a6fd662b29b00a11fc DUBEY 66a5e160f585aa7a92425f380d476b32818, pseudonym=046B231C591E29491F36ABD1 56EBF3A713937186, serialNumber=4009CAE962958E019ADDF0 4E87EFD5C07FA5D0C38532D550F61B5540 1A275B8C, cn=SUNEEL DUBEY Date: 2023.05.09 12:07:06 -07'00'