Madhya Pradesh High Court
Rajesh Agarwal vs Mathuralal Yadav Died on 11 May, 2023
Author: Anand Pathak
Bench: Anand Pathak
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IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
Motion Hearing
Common Conditional Orders
In matters notified at Serial Nos.1001 to 1005
due to non-compliance of Court order
Cause Titles and Appearances as notified
Matters from Sr. Nos. 1001 to 1005
are listed with office objection (s).
Dated : 11-05-2023
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
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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.
S.No. Cases as per Cause List No. Returnable Dates 1 1001 to 1005 27/06/23 (ANAND PATHAK) JUDGE Vishal VISHAL Digitally signed by VISHAL UPADHYAY DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH UPADHY GWALIOR, 2.5.4.20=5d5050008f4c040023a64cb030d9 c80d25cbf5f3eb4f56fa864a20db4fbe3d3e, postalCode=474001, st=Madhya Pradesh, serialNumber=637E939E833627AE8CC13D AY 85E5F2383A287E83C6CDFA6347A00E4827 72314FE9, cn=VISHAL UPADHYAY Date: 2023.05.12 18:04:25 -07'00'