IN THE HIGH COURT OF MADHYA PRADESH

AT J A B A LP U R

BEFORE

HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA

ON THE 2^nd OF MAY, 2023

MISCELLANEOUS APPEAL No. 1077 of 2023

BETWEEN:-

JAGATNARAYAN S/O SHRIRAM PACHORI, AGED ABOUT 65

YEARS, R/O GOLAPURA HARDA, TEHSIL AND DISTRICT-

HARDA (MADHYA PRADESH)

.....APPELLANT

(BY SHRI MOHANLAL SHARMA - ADVOCATE)

AND

1.

SMT. ASHA BAI D/O BHAGWANDAS, AGED ABOUT 70

YEARS, OCCUPATION: W/O LATE SHRI MAHENDRA

KUMAR CHOUDHARI R/O PADAWA, KHANDWA TEHSIL

AND DISTRICT KHANDWA (MADHYA PRADESH)

2.

THE COLLECTOR HARDA, DISTRICT - HARDA

(MADHYA PRADESH)

.....RESPONDENTS

(RESPONDENT NO.2/STATE BY MS. SHANTI TIWARI - PANEL LAWYER )

This appeal coming on for admission this day, the court passed the following:

ORDER

This Miscellaneous Appeal under Order XLIII(1)(c) of C.P.C has been filed

against the order dated 22.08.2022 passed by the Principal District Judge Harda,

District Harda in M.C.C. No.49/2022 by which the application filed by the appellant

under Order 9 Rule 4 of CPC read with Section 151 of CPC and Section 5 of

Limitation Act has been dismissed.

2.

The case of the appellant is that plaintiff/appellant had filed a suit for specific

pe