IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA nd ON THE 2 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 performance of contract. Since the defi