Madhya Pradesh High Court
Smt. Manisha vs Gopal Mevada on 17 June, 2019
1 MCC-1277-2019
The High Court Of Madhya Pradesh
MCC-1277-2019
(SMT. MANISHA Vs GOPAL MEVADA)
Jabalpur, Dated : 17-06-2019
Shri S. Pandey, learned counsel for the applicants.
This petition is filed for restoration of M.A. No.2828/2018, which was
dismissed for non-compliance of peremptory order dated 27.06.2018.
It is submitted by the learned counsel for the applicants that on
27.06.2018, this Court has directed issuance of notice to the respondents
within seven days, failing which the appeal shall stand dismissed. However, due to inadvertent mistake, he could not file the process fee within seven days but has filed it on 17.07.2018. However, as the peremptory order was not complied with, the petition was dismissed.
Considering that the process fee has already been paid, though with a delay, I deem it proper to restore M.A. No.2828/2018 to its original number subject to payment of cost of Rs.1000/- (Rupees One Thousand) to be paid by the applicants online in the National Defence Fund (NDF) within a period of 30 days from today and the receipt thereof be filed before the Registry of this Court. Payment of cost is a condition precedent, without which the applicants would not be allowed to prosecute the case.
A copy of this order be kept in the record of M.A. No.2828/2018. With the aforesaid direction, this MCC stands disposed of.
(NANDITA DUBEY) JUDGE b Digitally signed by BHARTI GADGE Date: 2019.06.18 12:15:27 +05'30'