Madhya Pradesh High Court
Samsuddin vs Mohd. Habib @ Rustam on 17 October, 2016
MCC-2353-2016
(SAMSUDDIN Vs MOHD. HABIB @ RUSTAM)
17-10-2016
Shri V.D.S. Chouhan, counsel for the applicants.
Present counsel for the applicants heard on I.A
No.12080/2016 filed for condonation of delay in filing the
restoration petition.
According to the office's note, petition is time barred by
753 days.
S.A. No.1191/2004 filed by the applicants has been
dismissed on 11.07.2014 for want of prosecution. In
second appeal, respondent has not been served, thus it is
not necessary to issue notice of the above-mentioned application to respondent indicated in the restoration application. An affidavit of Samsuddin has been filed in support of above-mentioned application. Looking to the reasons mentioned in the application, supported by an affidavit, I.A No.12080/2016 is allowed and the delay in filing the restoration application is hereby condoned.
Present counsel for the applicants also heard on the restoration application.
This application has been filed for restoration of S.A. No.1191/2004 which has been dismissed for want of prosecution on 11.07.2004.
Considering the reason mentioned in the application, subject to depositing cost of Rs.1000/- only by the applicants before the High Court Legal Services Committee, within a period of one month from today, the application for restoration is allowed. The aforesaid second appeal is restored to its original number. The M.C.C stands allowed and disposed of. A copy of this order be kept in the file of S.A. No.1191/2004.
(ASHOK KUMAR JOSHI) JUDGE Amjad