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2016 Supreme(Chh) 56

CHANDRA BHUSHAN BAJPAI
Jagdish S/o Buddhuuram – Appellant
Versus
State of Madhya Pradesh – Respondent


Advocates Appeared:
For the Petitioner:Goutam Khetrapal, Advocate.
For the Respondent: S.C. Khakhariya, Deputy A.G.

JUDGMENT :

Chandra Bhushan Bajpai, J.

1. Learned counsel for the Petitioners submits that since a pure question of law is involved in the matter, the matter may be disposed of without noticing Respondent No. 5 - Gram Panchayat Sarpanch Pachri and also issuance of notice to Respondent No. 6 is not necessary, as per law. On due consideration, the matter is heard finally at the motion stage without issuance of notice to Respondent No. 5.

2. The brief facts required for disposal of the instant W.P. (227) are that Civil Suit No. 183A of 1997 (New Number 102A of 2011) (Jagdish and 3 Others v. State of Chhattisgarh and 4 Others) was pending before the Civil Judge, Class-I, Akaltara, District Janjgir-Champa, Chhattisgarh. During pendency of the said civil suit, on 7.2.2012, at the request of both the parties the matter was referred for disposal as per relevant provisions of the Legal Services Authorities Act, 1987 (for short Act of 1987). On 4.3.2012, the matter was taken up in the Lok Adalat and the Plaintiffs' prayed that they do not want to prosecute the suit further hence, the suit may be dismissed for non-prosecution in the Lok Adalat. As prayed, the civil suit is dismissed for non-prose























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