JABALPUR, India, Dec. 14 -- Madhya Pradesh High Court issued the following judgmenton Nov. 13:
I.A. No.22230/2025 :
This is an application for condonation of delay of 10 days in filing the present MCC.
For the reasons stated in the application, delay in filing the MCC is condoned and IA stands allowed.
MCC No.3961/2025 :
Petitioners seek restoration of W.A. No.1598/2024 which was dismissed for non-compliance of common conditional order dated 22.01.2025.
Learned counsel for the petitioners submits that the writ appeal was listed on 05.11.2024 and on such date a common order was passed with a direction to remove the defaults in writ appeal thereafter, the matter was listed on 22.01.2025 and on such date a peremptory common order was passed with a direction that the defaults be cured within the given time failing which, the appeal would be dismissed without reference to the Bench. He submits that due to oversight of the case and miscommunication, the default which was left out to be removed could not be rectified and the writ appeal has been dismissed pursuant to the peremptory order by the Registry on 25.07.2025. He submits that non-rectification of default in writ appeal was completely unintentional and non-deliberate on the part of the petitioners and it occurred due to clerical mistake of oversight of case and same is miscommunication. The non-removal of default was due to a bonafide mistake, which deserves to be condoned and the writ appeal requires to be restored to its original number.
In view of above submissions made by the learned counsel for the petitioners, W.A. No.1598/2024 is restored to its original number.
Petitioners shall cure the defects, if any, within one week.
Accordingly, the MCC is disposed of.
Registry is directed to place the copy of this order along with the record of W.A. No.1598/2024.
Disclaimer: Curated by HT Syndication.
