Madhya Pradesh High Court
Smt.Kulwant Kaur vs Ram Charan on 15 July, 2014
1 MCC.No.229/2014
Smt. Kulwant Kaur & Anr.
Vs.
Ram Charan & Ors.
15/07/2014
Shri Anshu Gupta, Advocate for the applicants. This MCC is directed for restoration of S.A.No.129/2014 which stood dismissed due to conditional order passed by this Court on 06-05-2014 by which four weeks' time was granted to cure the defect.
Shri Gupta, submitted that defect has occurred as the application for condonation of delay was not filed in support of appeal, which was barred by time. It is submitted that due to inadvertence and bona fide mistake, order of this Court could not be noted of and application could not be filed. Mistake is on part of counsel due to inadvertence and same is bona fide mistake. Under such circumstances, it is prayed that for the lapse on part of Advocate, litigant may not be made to suffer, hence appeal may be restored.
Upon perusal of application and submission advanced by applicants' counsel, this Court considered opposite to restore S.A.No.129/2014 to its original number. It is directed that within a week from the date of restoration of second appeal, applicants shall file necessary application under Section 5 of Limitation Act in support of the appeal 2 MCC.No.229/2014 which is barred by limitation.
With the aforesaid direction, MCC stands allowed. S.A.No.129/2014 is ordered to be restored on its original number.
(Rohit Arya) Judge Anil*