IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA ON THE 5 th OF SEPTEMBER, 2023 MISC. CIVIL CASE No. 956 of 2023 BETWEEN:-

SUKHMANDAS MONGRE S/O KOSADAS MONGRE, AGED ABOUT 69 YEARS, VILLAGE MAVAI TAHSIL BICHIYA MANDLA (MADHYA PRADESH)

.....APPLICANT (BY SHRI ISHTEYAK HUSSAIN - ADVOCATE)

AND

1. KOSAMDAS S/O LATE BASANTDAS MONGRE, AGED ABOUT 62 YEARS, VILLAGE DHUVNI TAHSIL BICHHIYA DISTRICT (MADHYA PRADESH)

2. DAYARAM S/O LATE BASANTDAS MONGRE, AGED ABOUT 51 YEARS, R/O VILLAGE BHALAPURI, THSIL AND DISTRICT DHINDAURI (MADHYA PRADESH)

3. INDRABAI D/O LATE BASANTDAS MONGRE, AGED ABOUT 36 YEARS, R/O VILLAGE SINGHANPURI , TEHSIL AND DISTRICT DHINDAURI (MADHYA PRADESH)

4. ASHOKDAS S/O LATE BASANTDAS MONGRE R/O VILLAGE BHALAPURI, THSIL AND DISTRICT DHINDAURI (MADHYA PRADESH)

5. MANOHAR S/O HEERALAL RATHORE, AGED ABOUT 47 YEARS, R/O VILAGE MARGAON, TEHSIL AND DISTRICT DINDORI (MADHYA PRADESH)

6. KAMAL SINGH S/O HEERALAL RATHORE, AGED ABOUT 63 YEARS, R/O VILLAGE MARGAON, TEHSIL AND DISTRICT DINDORI (MADHYA PRADESH)

7. UTTAM SINGH S/O HEERALAL RATHORE, AGED ABOUT 49 YEARS, R/O VILLAGE MARGAON, TEHSIL AND DISTRICT DINDORI (MADHYA PRADESH)

8. PATWARI, HALKA NO 59 R/O VILLAGE BHALAPURI, R.N.M. SAMNAPUR, DISTRICT (MADHYA PRADESH)

9. NAIB TAHSILDAR, VILLAGE AMARPUR VRAT TEHSIL AND DISTRICT DINDORI (MADHYA PRADESH)

10. THE STATE OF MADHYA PRADESH, THROUGH ITS COLLECTOR, DINDORI DISTRICT DINDORI (MADHYA PRADESH)

.....RESPONDENTS (BY SHRI K.S.BAGHEL – GOVERNMENT ADVOCATE)

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

ORDER

1. This M.C.C. has been filed for restoration of S.A.No.3118/2019 which was dismissed for want of prosecution on 27.3.2023.

2. It is submitted by counsel for the applicant that this court by order dated 14.7.2023 passed in M.C.C.No.674/2023 has restored the case which was dismissed on account of strike of the Counsels, on furnishing receipt of books and on donating the same to the Bar and accordingly the same order may be passed in the present case.

3. Considered the submissions made by counsel for the petitioner.

4. In the case of Ganga Prasad (dead) through LRs Smt.Trivenibai Gupta and others Vs. Babulal Rai (dead) through LRs Narayan Prasad and another, in M.C.C.No.674/2023 decided on 14.7.2023 following order has been passed :-

“This Application has been filed seeking restoration of S.A. No.3399/2019 to its original number which was dismissed by order dated 27.03.2023.

2. This Court by order dated 05.07.2023 has already come to a conclusion that the absence of the counsel for the appellants was on account of strike called by State Bar Council of M.P. and not on account of any other reason. Since a stand was taken that the call was given by Bar Council, therefore, if the Court is inclined to impose any cost, then the same be recovered from the Bar Council or from the Chairman, State Bar Council of M.P. on account of certain assurances given by the State Bar Council of M.P. Therefore, this Court thought it proper to issue notice to the Chairman, State Bar Council of M.P., President and Secretary of M.P. High Court Bar Association, Jabalpur, President and Secretary of High Court Advocates’ Bar Association, Jabalpur, President and Secretary of Senior Advocates’ Council, Jabalpur.

3. Shri Prem Singh Bhadouria, Chairman, State Bar Council of M.P. appeared and submitted that the case may be taken up in the afternoon so that the Court may function in a cordial atmosphere in the first session and an emergent general body meeting of Bar Council has been called to discuss the issue.

4. It is submitted by Shri Paritosh Trivedi, Secretary, M.P. High Court Bar Association, Jabalpur, that the lawyers are not against the imposition of cost but since the call of strike was given by the State Bar Council of M.P., therefore, it should be recovered either from State Bar Council of M.P.

or from the Chairman of State Bar Council of M.P.

5. During the course of arguments, it was submitt