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Madhya Pradesh High Court

Pachaiya Choudhary vs Rajbhadur Yadav on 22 June, 2023

Author: Vivek Agarwal

Bench: Vivek Agarwal

                          THE HIGH COURT OF MADHYA PRADESH
                            [COMMON CONDITIONAL ORDERS]
             MATTERS NOTIFIED AT SERIAL Nos. 1002 and 1015 ON THE BOARD
                                  DATED 22-06-2023
          Dated: 22/06/2023
                  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 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 1002 and 1015 08-08-2023 (VIVEK AGARWAL) JUDGE pp.