Madhya Pradesh High Court
Sardar Jagdish Singh vs Sardar Baljeet Singh on 24 November, 2017
--- 1 ---
M C C No. 243 / 2016
INDORE, Dated : 24/11/2017
Mr. Ajay Mishra, learned counsel for the petitioner.
The present application for restoration is filed on behalf of
appellant, which is barred by 714 days. It has been stated in the
application that the only son of the appellant expired in the United
States of America and on account of some misconception, learned
counsel for the appellant has made a prayer for withdrawal of the
appeal. It has been stated that on account of loss of only son, the
appellant could not file the restoration application in time and was not
in touch with his counsel, therefore, he has requested his counsel for
filing of the restoration application. Documents regarding death of the
applicant are on record.
This Court in the light of the aforesaid, is of the considered
opinion that IA No. 3582/2016 deserves to be allowed and is
accordingly hereby allowed. Resultantly, the present MCC is allowed.
FA No. 298/2012 is directed to be restored to its original number. List
F.A.No. 298/2012 along with F.A.No. 443/2012 on 16/01/2018.
A copy of this order be kept in the record of FA No. 298/2012.
(S. C. SHARMA)
JUDGE
KR
Kamal Rathor
2017.11.2916:23:28 -08'00'