IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE HIMANSHU JOSHI

nd

ON THE 2 OF FEBRUARY, 2026 MISC. APPEAL No. 1866 of 2014 ABDUL JALIL Versus SAKIR AND OTHERS Appearance:

Shri Dharmendra Singh Patel - Advocate for the appellant.

Shri Aditya Singh - P.L. for the respondent/State.

ORDER This appeal under Order 43, Rule 1 of the CPC has been filed by the appellant (since dead) through his legal representative, being aggrieved by the th order dated 25.04.2014, passed by the 5 Additional District Judge Indore in MCC No.9/12, whereby the application filed under Order 41, Rule 19 CPC for restoration of the Civil Appeal No.11/2011, which was dismissed in default, has been rejected.

2. Briefly stated facts are that the appellant Abdul Zalil has preferred Civil Appeal No.11/2011 on 17.07.2012, Neither the appellant, nor his counsel appear before the appellate court as a result of which the appeal was dismissed for want of prosecution. Thereafter, an application under Order 41, Rule 19, CPC was filed seeking restoration of the appeal on the ground that, due to dispute between the appellant and his counsel, the effective representation could not be ensured and further, the