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

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ON THE 24 OF FEBRUARY, 2026 MISC. CIVIL CASE No. 462 of 2026 SMT GUDDI AND OTHERS Versus SANDEEP AND OTHERS Appearance:

Ms Priyanka Tiwari - Advocate for the applicants.

ORDER Since the miscellaneous appeal was dismissed at an advance stage without issuing notice to the respondents, therefore, on the request of counsel for the applicant, the service on respondent is dispensed with.

Heard on IA No. 3454/2026, an application under Section 5 of the Limitation Act for condonation of delay.

It is submitted that earlier miscellaneous appeal was dismissed for non-compliance of the common conditional order dated 09.08.2023. Thereafter, MCC No. 1827/2024 was filed for restoration of the appeal, which was disposed of vide order dated 11.05.2024 (Annexure A/1) subject to payment of cost and curing the defaults within thirty days. As the cost was not paid within time, again MCC No.1674/2025 was filed for extension of time to remove the defaults in MCC No. 1827/2024, which was allowed vide order dated 10.05.2025 (Annexure A/2) subject to removing the previous defaults and a further payment of cost of Rs.1000/- within a period of 30.

However, due to poor financial condition of the applicants, the default of payment of court fee could not be cured within time, therefore, again the appeal could not be restored. Hence, this is third attempt to restore the appeal. It is submitted that the cost has already been deposited vide Annexure A/3 and A/4 . The applicants are very much interested in prosecuting the appeal. The delay in filing the application is not deliberate and is based on bona fides. Thus, prayed for condoning the delay in filing the application.

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. 3454/2026 is allowed and the delay in filing the application is condoned subject to payment of cost of Rs.500/-.

Heard.

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

Considering the submissions made by the counsel for the applicants, the reasons mentioned in the application, which is supported by an affidavit and the fact that the applicants were not having sufficient fund to pay the court fees and that the miscellaneous appeal was filed under the provisions of Motor Vehicles Act for enhancement of compensation, the application is allowed. However, it is observed that the applicants shall not be entitled for any interest for the period when the miscellaneous appeal was not in existence.

Miscellaneous Appeal No.2464/2023 is restored to its original position subject to deposit of a total cost of Rs.500/- to be deposited with the High Court Bar Association, Jabalpur and also curing the default pointed out by the Registry, if not already cured, within a week from the date of restoration.

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 appeal.

MCC stands allowed and disposed of.

(DEEPAK KHOT)

JUDGE