^.,- HIGHCOURTOFCHHATTISGARH:BILASPUR SingIeBench: Hon'ble Shri Dilip Raosaheb Deshmukh, J. iVI.C.C. N6.20^008 I (Second Appeal No.384S007) ADDlicant Non-aDDlicants 1. 2. Premdas son ofjChhunjharu, aged about 60 yearsl; caste Satnami, resident of viila^e Madwani, P.S. Hirri, TahsiS IVIungjeli, DistrictBilaspur (CG) j Versus Basant Kumar ! Tiwari, son of Nakchhad Prasadj Tiwari, aged about 56 years, residentjof viltage Madwani, Tahsil Mungeli, Distt. Biiaspur (CG) •I1.:. .-. " -.'"•_t. Bisahu son of Babjdas, aged about 45 years, j ^.^ ^ 3. Tibai son of Idajs, aged about 70 years j 4. Tijram son ofSanghani, aged bout40 years ! 5. Keju son of Basaraon, aged about 40 years, respondent No.2 to 5 are the resident of vjiiae Madwani, Tahsi! MungeJi,DJstt.Bi!aspur(CG) 6. Phudu son of Manohar, aged about 70 years, resident of village Kirana Tah. IViungeli, Distt. Biiaspur (CG) 7. State of Chhattisgarh thFOUgh - the DistrictCofiector, Distt. Bilaspur (CG) ADpeal under Section 100 of C.P.C. Present: Shri Bharat Rajput, counsei for the appiicant. ORALORDER (Passed on 05.03.2008) Heard. (2) On 30.7.2007 in S.A. (PR) No.1 324/2007, at the request of the learned counsel for the appellant, two week's tjme was granted to remove the defauit i.e. non fjjing of certifjed copy of the trial Court's 'M1 judgment failing which, it was ordered that the appeal shall be dismissed without further reference to the Bench. (3) Learned counsel for the appellantsubmitted that certified copy was promptly applied for and after obtaining the same, it was filed on 27.8.2007 before the registry. It was furtherj submitted that an application for condonation of delay in flling this MIC.C. has also been filed. It is aiso submitted that in view of the peremptory order, the registry has dismissed the appeal on 6.9.2007. Itwas prayed that in view of the circumstances in which the delay was occasioned in obtaining the certified copy of the trial Coyrt's judgment and filing the M.C.C, may be condoned and the order passed by the Additional Registrar (Judicial) may be recaiied. (4) In view of the submission made and the facts and circumstances, delay in fiiing the M.C.C. as also fhe certified copy of the trial Court's judgment is condoned and the order dated 6.9.2007 passed by the Additionai Registrar (Judicial) is recailed. 'll Ni ;Priya (5) In view of the aboye, M.C.C. No.20/20081is allowed. Second Appeal No.384/2007 be now listed after two weeks for hearing on application for condonation of deSay in filing the appeal. .—&°--°