RAMADHAR SHARMA Vs. STATE OF MADHYA PRADESH
HIGH COURT OF MADHYA PRADESH (AT: GWALIOR)
STATE OF MADHYA PRADESH
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GURPAL SINGH AHLUWALIA, J. -
(1.) This MCC has been filed for restoration of Second Appeal No.287/2013 which was dismissed as a consequence of dismissal of
application for condonation of delay for want of prosecution, on 5.11.2014.
(2.) The necessary facts are that the appellant had suffered a decree on 18.4.2006 in Civil Appeal No.27-A/2005 by which the judgment and decree passed by Civil Judge Class-I, Dabra, District Gwalior on 29.1.2005 was affirmed. Thereafter the appellant filed an appeal with a delay of seven years along with an application for condonation of delay. On 5.1.2014, the Second Appeal No.287/2013 was listed for consideration of I.A.No.3351/2013. Since none appeared for the appellant despite call in the second round, therefore, the application was dismissed for want of prosecution after taking note of the fact that the appeal has been filed with the delay of more than seven years and as a consequence, the appeal was also dismissed.
(3.) In the application for restoration of the appeal, the only reason which has been assigned by the applicant is as under:
3. That, the second appeal was listed on 5-11- 2014 for hearing on I.A. No. 3351/2013 i.e., the application filed under Section 5 of the Limitation Act, 1963. The appellant did not approach the counsel's office and since there were no instructions from the appellant therefore the counsel did not appear before this Hon'ble Court. ;
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