Madhya Pradesh High Court
Gyansingh vs Krishi Upaj Mandi Samiti Ujjain on 7 September, 2021
Author: Sujoy Paul
Bench: Sujoy Paul
IN MATTERS NOTIFIED AT SERIAL NOS.1001 TO 1002 ON THE BOARD
DATED 07.09.2021 DUE TO NON-COMPLIANCE OF COURT ORDER
Indore, dated 07.09.2021
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.
Inspite 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.
S. No. Cases as per Cause List No. Returnable Dates 1 1001 to 1002 25.10.2021 (SUJOY PAUL) JUDGE Ravi Digitally signed by RAVI PRAKASH Date: 2021.09.07 17:57:36 +05'30'