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Judgment
Vishal Mishra, J
The M.C.C. has been preferred by the applicant for restoration of M.A. No.945/2010, which got dismissed vide 24.02.2020 due to non-compliance.
Learned counsel for the applicant submits that he could not cure the default within stipulated period which resulted into dismissal of the appeal. He
submits that said mistake was bonafide and due to inadvertance and, therefore, this M.C.C deserves to be allowed. This application is duly supported
by an affidavit.
Considering the submissions advanced by the counsel for the applicant, as well as bonafide mistake and in view of the settled law that for the fault of
the counsel, the litigant should not be made to suffer (See: AIR 2001 SC 2497, M.K. Prasad Vs. P.Arumugan, 2007 (5) MPHT 4 7 0 , Dindayal
Bansal Vs. Gwalior Nagar Tatha Gram Vikas Pradhikaran, AIR 1981 SC 1400, Rafiq and another Vs. Munshilal and another), the M.C.C deserves to
be and is hereby allowed.
Looking to the facts & circumstances mentioned in the application for restoration, M.A. No. 945/2010 is restored to its original file subject to
depositing the cost of Rs. 500/- before the Principal Registrar of this Court, within a period of seven days from today and file the acknowledgment of
the same before the Registry. Counsel for the applicant is directed to cure the default as pointed out by the Registry of this Court within the aforesaid
period.
The cost deposited shall be utilized for the benefits of children at Mercy Home, Gwalior as per their requirements. The Registrar of this Court is also
directed to inform the Administrator of the Mercy Home, Gwalior regarding the cost.
The MCC stands allowed and disposed of.
Let a copy of this order be kept in the record of M.A. No.945/2010.