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Madhya Pradesh High Court

Kalu vs Smt. Savitri on 26 February, 2020

Author: S.C.Sharma

Bench: S.C.Sharma

                                                         HIGH COURT OF MADHYA PRADESH: BENCH AT INDORE



                                                                          COMMON CONDITIONAL ORDER
                                                         IN MATTERS NOTIFIED AT SERIAL NO.1001 to 1012 ON THE BOARD
                                                                              DATED 26/02/2020
                                                                     DUE TO NON-COMPLIANCE OF COURT ORDER.

                                                                     CAUSE TITLES AND APPEARANCE AS NOTIFIED
                                                         Matters from Sr. No.1001 to 1012 are listed with office objection(s).

                                                            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-(i) under Rules, (ii) by the
                                                     Registrar and (iii) 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 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.

Sr. No. Cases as per Cause List No. Returnable Date 1 1001 to 1012 15-04-2020 (S.C. Sharma) Judge N.R. VARSHA Digitally signed by VARSHA CHATURVEDI DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT CHATURVE OF MADHYA PRADESH BENCH GWALIOR, postalCode=474011, st=Madhya Pradesh, 2.5.4.20=df59fbf0f5c7485addc8affe3edf20e67d 11d7f91045d81139f6792fbd4ae91f, DI cn=VARSHA CHATURVEDI Date: 2020.02.27 16:03:35 +05'30'