IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE DEEPAK KHOT

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ON THE 26 OF FEBRUARY, 2026 MISC. CIVIL CASE No. 354 of 2026 ARUN KUMAR AND OTHERS Versus MANIKLAL AND OTHERS Appearance:

Shri Surdeep Khampariya - Advocate for the applicant.

ORDER As the miscellaneous appeal was dismissed at an advance stage without notice to the respondents, therefore, on the prayer of counsel for the applicants, service on respondents is dispensed with.

Heard on IA No.2590/2026, an application under Section 5 of the Limitation Act for condonation of delay in filing the restoration application, which is barred by 105 days.

It is submitted by the counsel for the applicants that the appeal was dismissed at an advance stage in compliance of the common conditional order dated 06.08.2025 for not curing the defaults. It is submitted that the earlier counsel did not inform about the default and since there was no communication between the counsel and applicants, therefore, default could not be cured within time. When the applicants contacted their local counsel, he informed that the case was already dismissed. Thereafter, local counsel has informed the present counsel and immediately the application has been filed, however, with a delay of 105 days. It is submitted that the applicants are poor person and could not arrange the fund for curing the default of court fees. It is submitted that the delay is not deliberate and is based on bona fides. The applicants are very much interested in prosecuting the appeal.

Thus, prayed for condoning the delay.

Considering the submissions of the counsel for the applicants and for the reasons mentioned in the application, which is supported by an affidavit, IA No.2590/2026 is allowed and the delay in filing the application is condoned subject to payment of cost of Rs.5,00/-.

Heard on the restoration application.

Counsel for the applicants has reiterated the same grounds for restoration of miscellaneous appeal.

Considering the submissions of the counsel for the applicants and for the reasons mentioned in the application, which is supported by an affidavit, coupled with the fact that the appeal was filed for enhancement of compensation under the provisions of Motor Vehicle Act, which is a beneficial legislation, the MCC is allowed.

MA No.4582/2024 is restored to its original position subject to deposit of total cost of Rs.5,00/- with the High Court Bar Association, Jabalpur and curing defaults pointed out by the Registry within seven days from the date of restoration.

It is observed that the applicants shall not be entitled for any interest when the miscellaneous appeal was not in existence.

In case of non-compliance of this order, the order of dismissal of appeal shall remain in operation.

Let a copy of this order be kept in the file of miscellaneous appeal.

With the aforesaid, MCC is allowed and disposed of.

(DEEPAK KHOT)

JUDGE