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2024 Supreme(Online)(MP) 17787

HIGH COURT OF MADHYA PRADESH
SHRI JUSTICE ROOPESH CHANDRA VARSHNEY
Smt. Neha – Appellant
Versus
Mahesh Kumar – Respondent


Advocates:
Vibhor Kumar Sahu,

ORDER

Heard on I.A. No.7261/2023, an application under Section 5 of Limitation Act for condonation of delay.

For the reasons stated in the application, the same is allowed and delay is (ROOPESH CHANDRA VARSHNEY) JUDGE hereby condoned.

This is an application for restoration of M.A.No.2052/2022, which stood dismissed by the order of Principal Registrar dated 19/04/2023 for non- compliance of common conditional peremptory order dated 02/03/2023.

By the order dated 02/03/2023, applicant was granted six weeks' time to remove default regarding appeal memo copies not filed, however, since defaults could not be removed within stipulated period, the appeal stood dismissed.

It is the submission of learned counsel for the applicant that since he was not in knowledge of defaults pointed out by the Registry same could not be removed in 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 i

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