JABALPUR, India, Dec. 14 -- Madhya Pradesh High Court issued the following judgmenton Nov. 13:

I.A. No.23001/2025 :

This is an application for condonation of delay of 417 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.4051/2025 :

1. Petitioner seeks restoration of W.A. No.880/2023 which was dismissed for non-compliance of common conditional order dated 09.05.2024.

2. Learned counsel for the petitioner submits that the said writ appeal was listed on 09.05.2024 before this Court, wherein the Division Bench was pleased to pass a common conditional order dated 09.05.2024 directing the removal of certain office objections within the stipulated period. However, due to circumstances beyond the control of the appellant, the said compliance could not be made within the time prescribed. Consequently, the matter was placed before the Learned Principal Registrar (Judicial) on 09.08.2024, wherein the registrar, citing the non-compliance, dismissed the appeal in default.

3. Learned counsel for the petitioner submits that petitioner belongs to a remote rural area and was entirely dependent upon his counsel for the conduct of proceedings before this Court. The order dated 09.05.2024 and subsequent compliance requirements were neither communicated nor explained to him by the previous counsel. Consequently, the petitioner was unaware of the said directions, and the appeal came to be dismissed in default. It is a settled principle that a litigant should not suffer for the bona fide lapses or omissions of his counsel, in the interest of justice, equity, and fair play.

4. Learned counsel for the petitioner submits that during the months of August and September 2024, the petitioner was suffering from certain health complications, which further constrained him from effectively coordinating or following up with his counsel regarding the compliance of office objections. The same constitutes sufficient cause for the short delay in taking corrective steps.

5. Learned counsel for the petitioner submits that the petitioner's young daughter, Ms. Simran Rajpoot, aged about 24 years, had been ailing since December 2024 and, unfortunately, departed for her heavenly abode on 17.03.2025. The petitioner, being under extreme mental trauma and emotional distress, could not attend to the procedural formalities in time.

6. Learned counsel for the petitioner further submits that petitioner is passing through an extremely difficult phase, both personally and emotionally, and the inadvertent non-compliance was neither deliberate nor willful but purely circumstantial.

7. In view of above submissions made by the counsel for the petitioner, W.A. No.880/2023 is restored to its original number. 8. Petitioner shall cure the defects, if any, within one week.

9. Accordingly, the MCC is disposed of.

10. Registry is directed to place the copy of this order along with the record of W.A. No.880/2023.

Disclaimer: Curated by HT Syndication.