Madhya Pradesh High Court
Ramprabhav vs Tulsidas on 16 January, 2017
COMMON CONDITIONAL ORDER
IN MATTERS NOTIFIED AT SERIAL NOS. 1001 TO 1063
ON THE BOARD DATED 16.1.2017
DUE TO NON-COMPLIANCE OF COURT ORDER
16.01.2017
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.
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 Date 1 1001 to 1020 06/03/17 2 1021 to 1040 07/03/17 3 1041 to 1060 08/03/17 4 1061 to 1063 09/03/17 ` (J.K.Maheshwari) Judge