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2024 Supreme(Online)(MP) 9136

HIGH COURT OF MADHYA PRADESH
Smt. Beena Devi @ Meena – Appellant
Versus
Ramdutta Singh Tomar – Respondent


Advocates:
Ankur Mody,

ORDER

Heard on I.A. No.5025/2016, an application under Section 5 of the Limitation Act for condonation of delay caused in filing the present application.

For the reasons mentioned in the application, same is allowed and delay is hereby condoned.

Heard on the main application.

This is an application for restoration of M.A.No.1160/2006, which stood dismissed by order of the Principal Registrar dated 26/09/2012 for non- compliance of peremptory order of this Court dated 06/09/2012.

By the order dated 06/09/2012, applicant was granted a week time to deposit the PF for service of notice and since the PF could not be paid within stipulated period, the appeal stood dismissed.

I t is the submission of learned counsel for the applicant that due to inadvertence and culpable, the said peremptory order could not be complied within time and when he came to know about dismissal of the appeal, instant application for restoration is drafted and filed. The aforesaid reason for not complying the Court order is genuine and bona fide and for the mistake of counsel, party may not be made to suffer.

For the reasons assigned in the application, which is supported by an affidavit, sufficient cause is made

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