Madhya Pradesh High Court
Indrasen Jain vs The State Of Madhya Pradesh on 21 August, 2019
Author: Sanjay Yadav
Bench: Sanjay Yadav
The High Court Of Madhya Pradesh
Common Conditional Orders in the matters relating to
Serial Nos. 1001 to 1008 as per cause list
Gwalior, dated: 21.08.2019
The 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.
2
Provided, however, in cases, where the objection/default is
about non-service of any of the respondent, on expiry of the
extended period, the 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 as per cause list number Returnable Date
1001 to 1008 14/10/2019
(Sanjay Yadav) (Vivek Agarwal)
Judge Judge
Aman
Aman Tiwari
2019.08.21 18:04:16 +05'30'