Madhya Pradesh High Court
Ashwini Kumar Sood vs The State Of Madhya Pradesh on 13 December, 2017
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MCC. No.3625/2017
(Ashwini Kumar Sood Vs. State of M.P. and Others)
Gwalior Bench:
Dated:13/12/2017
Shri M.P.S. Raghuvanshi and Shri Himanshu Sharma,
learned counsel for the applicant.
Shri Abhishek Mishra, learned Government Advocate for the
respondents/ State.
The present MCC has been preferred by the applicant seeking restoration of W.P. No.18021/2017, which got dismissed vide order dated 13/11/2017 for non-compliance of peremptory order dated 01/11/2017.
According to learned counsel for the applicant, due to inadvertance, applicant could not submit the process fee within stipulated time as prescribed in order dated 01/11/2017 which resulted into dismissal of the petition. It is further submitted that on 07/11/2017 process fee was paid with the delay of two days. He submits that the said mistake was bonafide therefore, this MCC deserves to be allowed. This application is duly supported by an affidavit.
Considering the submissions advanced by counsel for the applicant as well as bonafide mistake and in view of the settled law that for the fault of the counsel, the litigant should not be made to suffer (See: AIR 2001 SC 2497, M.K. Prasad Vs. P. Arumugam, 2007 (5) MPHT 470, Dindayal Bansal Vs. Gwalior Nagar Tatha Gram Vikas Pradhikaran, AIR 1981 SC 1400, Rafiq and Another Vs. Munshilal and Another), the MCC deserves to be and is hereby allowed.
At this juncture, instead of imposing the cost, this Court suggested about the community services as well plantation of tree.
Graceful enough in his disposition, counsel for the applicant rose to the occasion and expressed his desire not only to plant two saplings in the vicinity of Gwalior city but shown his keen desire to 2 MCC. No.3625/2017 (Ashwini Kumar Sood Vs. State of M.P. and Others) do some community service also.
Accordingly, the applicant and/ or his counsel is directed to plant two saplings in the vicinity of Gwalior city and submits it photographs within fifteen days from today. He also extend his undertaking (with the litigant specially applicant or his counsel) that they will plant two saplings and till they develop as a full fledged trees they will take care of them. "o`{kkjksi.k ds lkFk] o`{kkiks"k.k Hkh vko';d gS!" While believing such maxim, the litigant and/ or their counsel will discharge their duties as a citizens of this country as well as residents of this area which requires plantation as well as care for nourishment of the trees. This is not just plantation of the tree but germination of a thought. Beside that counsel for the applicant is further directed to do community service by investing one hour of community service while visiting mercy home behind Collectorate building Datia Road (Gwalior) and he undertakes not only to visit the mercy home but to carry sufficient food items and spend one hour time with the children/ inmates/ families, who are residing in such center and are the victims of the circumstances and to satisfy himself while doing such a pious work.
Therefore, keeping the said spirit, counsel for the applicant is directed to submit photographs of the saplings and a report regarding his visit to the mercy home within fifteen days elaborating his experience and status of mercy home with suggestions, if any in the litigation (W.P. No.18021/2017), which is going to be restored by this order.
Accordingly, the MCC is allowed. W.P. No.18021/2017 is restored to file.
Copy of this order be kept in the file of W.P. No.18021/2017 for record/ compliance purpose.
The MCC stands disposed of.
(Anand Pathak) Judge vc VARSHA CHATURVEDI 2017.12.20 10:33:41 +05'30' 3 MCC. No.3625/2017 (Ashwini Kumar Sood Vs. State of M.P. and Others)