Madhya Pradesh High Court
Radha Krisha Sharma vs Municipal Corporation Morena Thr. on 18 November, 2016
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Common Conditional Order in the matters
relating to Serial Nos. 1001 to 1004
18/11/2016
This 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.
In spite 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
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Common Conditional Order in the matters relating to Serial Nos. 1001 to 1004 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.
CASES NO Returnabl
e Date
F.A. No.60/2015, F.A. No. 138/2016, 04-01-2017
MCC No. 399/2016 and
W.P.No.3443/2016
(N.K. Gupta) (G.S. Ahluwalia)
Judge Judge
(alok)