1. Application for restoration of a matter previously dismissed for non-compliance with a peremptory court order. (Para 1 )
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2026 Supreme(Online)(MP) 123447
IN THE HIGH COURT OF MADHYA PRADESH AT INDORE
Pavan Kumar Dwivedi, J
Jaira Bee – Appellant
Versus
Shabana – Respondent
MISC. CIVIL CASE No. 2587 of 2026
Important Points
A case dismissed for non-compliance of a peremptory order may be restored if the failure was due to a bonafide mistake of the counsel, and associated delays in filing the restoration application may be condoned upon showing sufficient cause.
Subject
Civil - Restoration
Headnote
(A) Restoration of Case - Non-compliance of peremptory order - Bonafide mistake of counsel is a sufficient ground for restoration of a dismissed case. (Para 4, 5)
(B) Condonation of Delay - Sufficient cause - Delay in filing restoration application condoned upon consideration of reasons provided. (Para 2, 3)
Issues: Whether the application for restoration of the dismissed case and the application for condonation of delay should be allowed.
(B) Condonation of Delay - Sufficient cause - Delay in filing restoration application condoned upon consideration of reasons provided. (Para 2, 3)
Issues: Whether the application for restoration of the dismissed case and the application for condonation of delay should be allowed.
Legal Category Hierarchy
Advocates:
For the Appellants/Petitioners: K.C. Raikwar
For the Respondents:
For the Appellants/Petitioners: K.C. Raikwar
For the Respondents:
Table of Contents
2. The applicant pleaded that the non-compliance with the peremptory order resulted from legal counsel's inadvertence, constituting a bonafide mistake. (Para 4 )
3. The court found the delay in filing the restoration application acceptable and recognized the non-compliance as a bonafide procedural error by counsel. (Para 2 , 3 , 5 )
4. Procedural lapses stemming from counsel's inadvertent error may be condoned and the matter restored to its original standing when the mistake is demonstrably bonafide. (Para 5 )
5. Application for condonation of delay allowed and the main matter restored to its original number. (Para 3 , 5 , 6 )
6. Can a matter dismissed for non-compliance with a peremptory order be restored?
Yes, a matter dismissed for non-compliance may be restored if the court is satisfied that the failure to comply was a bonafide mistake arising from the counsel's inadvertence. (Para 4 , 5 )
7. Does a delay in filing an application for restoration require formal condonation?
Yes, an application for condonation of delay must be filed and allowed by the court to address any lapse in the prescribed filing period for a restoration application. (Para 2 , 3 )
ORDER
The present MCC has been filed by the applicant for restoration of M.P.No. 1068/2026 which was dismissed for non-compliance of the peremptory order dated 30.04.2026.
2. Heard on I.A. No.9624/2026 which is an application for condonation of delay. There is a delay of 23 days in filing this application.
3. Considering the reasons mentioned in the application, I.A.No.9624/2026 is hereby allowed. The delay in filing the present application is condoned.
4. Learned counsel for the applicant submits that due to inadvertence on the part of the counsel, the order could not be complied. Hence, the mistake is bonafide.
5. Considering the aforesaid, the present MCC is allowed and SS1 S 0 iii ggg:3 nnn a 1 ein t : du g1 r 9 bt e i ym A N: MeSo :Rt 2 VE3 eE- r OVifi cIeDt d -2Y6A M.P.No. 1068/2026 is readmitted to its original number.
6. Let a copy of this order be placed in the record of M.P.No.1068/2026.
