1 C.M.P. No. 289 of 2023 IN THE HIGH COURT OF JHARKHAND, RANCHI ---- C.M.P. No. 289 of 2023 ---- 1.Jagdish Ravidas age 47 years son of Tehari Ravidas 2.Koshila Devi age 46 years wife of Jagdish Ravidas Both are resident of Village Bariyath, Post Office Bariyath and PS Ichak District Hazaribagh …… …. … Petitioner(s) -- Versus -- 1.Md.Tufail Ahmad son of Israful Haque , r/o Doranda Gowala Toli, PO and PS Doranda, Dist Ranchi, Jharkhand (Owner of the Vehicle Jeep/ Taxi No. JH 01AB-1848) 2.Binod Saw son of Mahadeo Saw Village Kariyatpur, PO Ichak PS Ichak District Hazaribagh (Driver of Offending Vehicle bearing no.Jeep/Taxi No. JH01AB 1848) 3.Branch Manager, Shri Ram General Insurance Co. Ltd., At II nd floor Jha Niwas Opposite Hotel Yuvr Place, Diversion Road, Doranda, Ranchi PIN 834002 Jharkhand …… …. …Opposite Parties ---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --- For the Petitioner(s) : Mr. P.S. Sinha, Advocate For the Opposite Party(s) : ---- 5/21.03.2025 This CMP is filed for restoration of M.A. No.415 of 2018 to its original file. 2. I.A. No.1751 of 2025 has been filed for condonation of delay of 438 days in filing the CMP. 3. Learned counsel for the petitioners submits that M.A. No.415 of 2018 was dismissed on 16.12.2019 for non-compliance of the order dated 02.12.2019. He submits that the appellant no.1 was died and communication was not made and in view of that, such delay has been occurred. In view of the statement made in the I.A, the Court finds that sufficient ground has been made out for condonation of delay and in view of that, the delay of 438 days in 2 C.M.P. No. 289 of 2023 preferring the CMP is condoned, and hence, the instant I.A. is allowed and disposed of. 4. I.A. No.1752 of 2025 has been filed for deleting the name of the petitioner no.1. 5. Learned counsel for the petitioners submits that the wife has already been made party and in view of that, he seeks permission to delete the name of the petitioner no.1. 6. In view of his such submission, prayer made in the instant I.A stands disposed of. 7. The learned counsel for the petitioners will delete the name of the petitioner no.1. 8. From the record of the Misc.Appeal, it transpires that in that case on merit notice has not been issued and at the defective stage itself it has been dismissed as the order was not complied as such, there is no need of issuing notice upon the O.Ps at present. The Court finds that the said M.A was filed for enhancement of the award and the Court finds that sufficient ground is made out to restore the M.A. No.415 of 2018 to its original file. 9. Accordingly, M.A. No.415 of 2018 is restored to its original file. 10. The instant C.M.P is allowed and disposed of. ( Sanjay Kumar Dwivedi, J.) SI/