Madhya Pradesh High Court
Dindayal & Ors vs Rajaram & Ors on 11 December, 2014
1
SA No.1431 of 2004
11.12.2014
Appellant No.1 is reportedly dead.
Shri Sunil Jain, counsel for remaining appellants so also for
the proposed legal representative of deceased appellant No.1
mentioned in IA No.13407/14.
On perusing the IA No.13487/14 and 13488/14 according to
which the first application for two different reliefs, for setting aside the
abatement of the appeal as well as to substitute the legal representatives of
appellant No.1 on record while the subsequent second application has been
filed for setting aside the abatement of appeal and condoning the delay in
filing the proceedings for setting aside the abatement. In such
circumstances, on asking the counsel that both the applications have been
filed for two different reliefs but the court fees is affixed on each application
only for single relief, on which, counsel undertakes to affix the additional
court fees for one more relief on IA No.13488/14 during course of the day.
Subject to affixing the aforesaid additional court fees on the
aforesaid subsequent IA, both the IAs are taken up for consideration.
Office is directed to verify affixing of aforesaid additional court
fees on the IA and subject to affixing the court fees, issue notice of both the
IAs to the respondents. The same be made returnable by fixing the date
within two months. Necessary steps along with requisites of the registered post be taken within 7 working days, failing which this appeal shall stand dismissed automatically without further reference to the bench.
Case be listed on the date which is so mentioned on the aforesaid notices.
(U.C.Maheshwari) Judge MKL