ORDER

Per: Justice Anand Pathak

The instant MCC has been preferred by the applicant seeking restoration of Writ Appeal No.23604/2024, which was dismissed due to peremptory order dated 18.07.2025 by co-ordinate Division Bench of this Court.

Learned counsel for the applicant submits that the dismissal of the appeal was neither deliberate nor intentional, but occurred due to circumstances beyond the control of applicant and the arguing counsel, therefore, the applicant ought not to be made to suffer irreparable prejudice on account of such unavoidable procedural circumstances. Hence, learned counsel for the applicant prays for restoration of W.A. No.2360/2024 to its original number.

Heard.

The reasons assigned by learned counsel for the applicant appear to be genuine and bonafide. Looking to the nature of cause and bona fide intents as well as settled law that for the fault of the counsel, the litigant should not be made to suffer (See: AIR 2001 SC 2497, M.K. Prasad Vs. P. Arumugam , 2007 (5) MPHT 470, Dindayal Bansal Vs. Gwalior Nagar Tatha Gram Vikas Pradhikaran), the present application deserves to be and is hereby allowed.

At this stage, instead of imposing cost, a suggestion was given to counsel of applicant to visit at Old Age Home, Tilwara Ghat, Jabalpur with some food items/snacks/fruits of Rs.2,000/- (Rupees Two Thousands Only) and spend an hour with the inmates of the old age home, who are being taken care of by the NGO/Society sponsored by State Government. This community service of one hour would not only be satisfying to the soul but would also give a message to the people living in these type of institutions that society and its members care for them and that society and its members care for them and that they are not left out by the society.

The said suggestion is not punitive in nature and compliance of it is at the discretion of counsel for the applicant.

Graceful enough in their disposition, suggestion is readily accepted by counsel for the applicant and he undertakes that applicant would not only visit the old age home but would also carry some food items of Rs.2,000/- with them and spend one hour time with them to understand them and to satisfy themselves while doing such a pious work.

Appreciating the gesture shown by counsel for the applicant with the earnest hope and belief that the counsel would visit the aforesaid place within 15 days from today and spend one hour time with the inmates of the old age home and bring smile on their face and satisfy their soul. It is expected that any Government Advocate or other advocate may also accompany the counsel for this purpose.

This is a test case to give concept of 'Social Audit' a chance to gain grounds. Responsible and Resourceful persons of the Society who are occupying important positions in the Department of Administration/Education/ Health/Legal and other related fields including Professionals like Chartered Accountants/ Doctors/ Lawyers etc., to take some responsibility to visit the places (like orphanage/ old age home/ mercy home/ one stop center etc.) where persons with disability/ orphans/ old age people/ victims of the crime and other destitute are institutionalized so that they can come to know about the plight of these inmates and would be able to contribute while raising their standards of living and to create sense of well-being amongst them. Inmates who are living in such institutions would also feel that they are not left out by the society and the society is still eager to take them into its fold. This way, they would come in the main stream also.

Another important effect of the Social Audit is that Management of those Institutions sometime misbehave or cause mischief to the inmates especially children and females living there and this way, they would always be cautious that the society is keeping eyes over their working. Therefore, evolution of concept of Social Audit and i