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2026 DAILYLAW 9428 (CHH)

SMT. DEEPANJALI SAO v. PREMANAND @ CHATURBHUJ

MCC/421/2026 · 2026-04-29

Shri Bibhu Datta Guru

body2026

Judgment text

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1 2026:CGHC:20061 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCC No. 421 of 2026 Smt. Deepanjali Sao W/o Late Shri Shantilal Sao Aged About 34 Years R/o Village- Lamkeni, Post- Tosgaon, Thana- Basna, Distt.- Mahasamund (C.G.) At Present Residence Of Village- Murhapali, Post- Puraina, Thana And Tahsil- Padampur, District- Bargarh (Orissa) ... Petitioner(s) versus 1. Premanand @ Chaturbhuj S/o Shri Madhusudan Aged About 63 Years R/o Village - Lamkeni, Thana And Tehsil Saraypali, Distt.- Mahasamund (C.G.) 2. Smt. Sumitra W/o Shri Premanand Aged About 46 Years R/o Village - Lamkeni, Thana And Tehsil Saraypali, Distt.- Mahasamund (C.G.) 3. Virendra Sidar @ Pushpendra S/o Shri Chitranjan Sidar R/o Village- Lamkeni, Thana And Tahsil- Saraypali, District- Mahasamund (C.G.) (Driver Of The Tractor No. C.G.-06-Gg-2313) 4. Upendra Sahu S/o Shri Hrishikesh Sahu R/o Village- Lamkeni, Thana And Tahsil- Saraypali, District- Mahasamund (C.G.) (Owner Of The Tractor No. C.G.-06-Gg-2313) 5. Divisional Manager Liberty Videocon General Insurance Company Limited, 1-A, 1-B, Second Floor, Shyam Plaza, Pandari Main Road Raipur, Distt.- Raipur (C.G.)(Insurer Of The Tractor No. C.G.-06-Gg- 2313) ... Respondent(s) For Petitioner : Mr. Sunil Sahu, Advocate Hon'ble Justice Shri Bibhu Datta Guru Order on Board JYOTI SHARMA Digitally signed by JYOTI SHARMA Date: 2026.05.01 10:43:17 +0530 2 30/04/2026 1. Heard on I.A. No. 01/2026 i.e. application for condonation of delay in filing the restoration application. 2. On due consideration and for the reasons stated in the application, I.A. No. 01 is allowed. Delay of 450 days is condoned. 3. The present MCC has been filed for restoration of MAC No. 90 of 2022, which was dismissed by a peremptory order of this Court dated 06.12.2024. 4. Learned counsel for the petitioner submits that the matter was listed on 06.12.2024, wherein notice was ordered and process fee was directed to be paid within seven days. However, due to an inadvertent mistake on the part of the co unsel, the same could not be deposited within the prescribed period, resulting in dismissal of the appeal for non-payment of process fee. 5. On due consideration of the submissions made by learned counsel for the petitioner and the pleadings in the MCC, this Court finds sufficient cause to allow the application. Accordingly, the MCC is allowed and MAC No. 90 of 2022 is restored to its original number. 6. According, MCC is disposed off. SD/- (Bibhu Datta Guru) Judge Jyoti