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2025 DAILYLAW 42925 (CHH)

SMT. ISHAMATI v. SUBHASH CHANDRA SARKAR

MCC/1132/2024 · 2025-01-20

Shri Rakesh Mohan Pandey

body2025

Judgment text

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1 2025:CGHC:3292 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCC No. 1132 of 2024  Smt. Ishamati W/o Shri Ranjit Mandal Aged About 50 Years R/o Village Nehrunagar, Police Station And Tahsil Ramanujganj, District Balrampur- Ramanujganj (C.G.) (Defendant No. 1) ... Applicant(s) versus 1. Subhash Chandra Sarkar S/o Late Sahdev Sarkar Aged About 69 Years R/o Village Nehrunagar, Police Station And Tahsil- Ramanujganj, District- Balrampur-Ramanujganj (C.G.) (Plaintiff) 2. State Of Chhattisgarh Through The Collector, Balrampur, District - Balrampur-Ramanujganj (C.G.) (Defendant No. 2) ... Non-Applicant(s) (Cause Title is taken from Case Information System) For Applicant : Mr. Amarnath Pandey, Advocate For Applicant No 1 : Mr. Rishikant Mahobia, Advocate For State/Non-Applicant No. 2 : Mr. Lav Sharma, Panel Lawyer Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 20. 01.2025 1. Heard an application for restoration of CR No. 111 of 2024. 2. Learned counsel for the applicants would submit that a peremptory order was passed in CR No. 111 of 2024 on 19.07.2024, whereby the applicant was directed to rectify the defects pointed out by the Registry in Civil Revision. He would further submit that no one could appear in the Civil Revision on 19.07.2024 and the counsel for the applicant was intimated by the Registry on 03.10.2024; therefore, the application for restoration could 2 not be moved within limitation period. He would also submit that the applicant has a good case on merits. 3. On the other hand, learned counsel appearing for the non-applicants would oppose. 4. Taking into consideration the submission by Mr. Pandey, the instant MCC for restoration of CR No. 111 of 2024 is hereby allowed. The CR No. 111 of 2024 is restored to its original number subject to payment of cost of Rs. 500/- payable to the Library Fund, High Court Bar Association, Bilaspur. Accordingly, instant MCC is hereby allowed. 5. The pending I.A.s shall stand disposed of. Sd/- (Rakesh Mohan Pandey) Judge $iddhant