Chattisgarh High Court
Sunil Kumar Jain (Dead) Through Lrs vs Smt. Kanak Lata on 9 June, 2021
Author: Parth Prateem Sahu
Bench: Parth Prateem Sahu
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
Proceedings through video conferencing
MCC No. 318 of 2020
Sunil Kumar Jain (Dead) Through Lrs:-
(A) Smt. Sanju Nahar Jain W/o Late Shri Sunil Kumar Jain Aged About
55 Years R/o Ward No. 09, Marar Para, Balod, Tahsil And District Balod
Chhattisgarh.
(B) Shrenik Nahar Jain S/o Late Shri Sunil Kumar Jain Aged About 32
Years R/o Ward No. 09, Marar Para, Balod, Tahsil And District Balod
Chhattisgarh.
(C) Saiyam Nahar Jain S/o Late Shri Sunil Kumar Jain Aged About 22
Years R/o Ward No. 09, Marar Para, Balod, Tahsil And District Balod
Chhattisgarh.
(D) Pritika Bothra D/o Late Shri Suni Kumar Jain Aged About 29 Years
W/o Prince Bothra, R/o Prince Steel, Raipur Road Kawardha District
Kabirdham Chhattisgarh.
---- Applicants
Versus
Smt. Kanak Lata W/o Jagdish Prasad Shrivastava Aged About 57
Years R/o Ward No. 9, Marar Para, Balod, Tahsil And District Balod
Chhattisgarh.
---- Respondent
For Applicants - Shri Ravindra Sharma, Advocate.
Hon'be Shri Prashant Kumar Mishra, Ag.Chief Justice.
Hon'ble Shri Parth Prateem Sahu, J.
Order On Board By Hon'ble Shri Prashant Kumar Mishra, Ag.Chief Justice.
09/06/2021
1. Heard.
2. I.A. No.2/2020, is an application for condonation of delay in filing of MCC.
3. On due consideration, delay of 333 days in filing of MCC is condoned.
4. I.A. No.1/2020, is an application under Order 22 Rule 3 of CPC for substitution of LRs of deceased applicant Sunil Kumar Jain.
5. It is ordered as prayed for. The LRs have already arrayed as party in the present MCC.
6. Accordingly, I.A. No. 2/2020 and I.A. No. 1/2020 stand disposed of.
7. This is an application for restoration of F.A. No. 323 of 2016 which was dismissed for want of prosecution by the Court order dated 26-04-2019.
8. On due consideration and for the reasons mentioned in the restoration application, it is allowed and is directed to be restored to its original number.
SD/- SD/-
(Prashant Kumar Mishra) (Parth Prateem Sahu)
Acting Chief Justice Judge
Amardeep