Madhya Pradesh High Court
Badriprasad Kushwah vs Bejnath on 17 June, 2021
Author: Vivek Rusia
Bench: Vivek Rusia
HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE
MATTERS NOTIFIED AT SERIAL NOS. 1001 TO 1020
Indore, dated 17/06/2021
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.
Sr. No.1001 to 1020 Returnable Date - 03/08/2021 (VIVEK RUSIA) JUDGE Ajit Digitally signed by AJIT KAMALASANAN DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH AJIT INDORE, ou=HIGH COURT OF MADHYA PRADESH BENCH INDORE, postalCode=452001, st=Madhya Pradesh, 2.5.4.20=156c9cedca1b74d671db9f220a5e3ed6cba241effad8 92107d95ef0a1afc55b4, KAMALASANAN pseudonym=CFDFD9C36711CA738F527A5D61A1EE901C09EF 29, serialNumber=7F0BEE2D78BD57DA058F3247441C87E7E0817 FB61F5E2ABCAEE63CAAA7B3B9FF, cn=AJIT KAMALASANAN Date: 2021.06.17 16:26:33 +05'30'