Smt. Geeta Bai Chourasiya Vs. Union of India - Court Judgment

SooperKanoon Citationsooperkanoon.com/1042650
CourtMadhya Pradesh High Court
Decided OnAug-05-2013
AppellantSmt. Geeta Bai Chourasiya
RespondentUnion of India
Excerpt:
mcc no.930/2013 5/8/2013. mr.mohd. riyaz, advocate for the petitioners.mr.govind patel, advocate for the respondent. heard on ia no.8410/13, which is an application under section 5 of the limitation act for condonation of delay occurred in filing this mcc petition for restoration of ma no.703/2009 which was dismissed vide order dated 10.1.2013 for want of prosecution. learned counsel for the petitioners submits that when he came to knot about dismissal of the appeal, immediately thereafter he filed this petition. considering the averments and looking to the reasons assigned in the application, ia is allowed and the delay in filing this petition is hereby condoned. heard. miscellaneous appeal no.703/2009 was dismissed for want of prosecution. considering the principle that the litigants should not be made suffered of the fault committed by the counsel, this petition is allowed and m.a.no.703/2009 is restored to its original number. a copy of this order be placed in the file of ma and list the appeal for hearing before the appropriate bench. (anil sharma) judge parouha/- 2
Judgment:

MCC No.930/2013 5/8/2013.

Mr.Mohd.

Riyaz, Advocate for the petitioneRs.Mr.Govind Patel, Advocate for the respondent.

Heard on IA No.8410/13, which is an application under Section 5 of the Limitation Act for condonation of delay occurred in filing this MCC petition for restoration of MA No.703/2009 which was dismissed vide order dated 10.1.2013 for want of prosecution.

Learned counsel for the petitioners submits that when he came to knot about dismissal of the appeal, immediately thereafter he filed this petition.

Considering the averments and looking to the reasons assigned in the application, IA is allowed and the delay in filing this petition is hereby condoned.

Heard.

Miscellaneous Appeal No.703/2009 was dismissed for want of prosecution.

Considering the principle that the litigants should not be made suffered of the fault committed by the counsel, this petition is allowed and M.A.No.703/2009 is restored to its original number.

A copy of this order be placed in the file of MA and list the appeal for hearing before the appropriate Bench.

(Anil Sharma) Judge Parouha/- 2