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Judgment
G.S. Ahluwalia, J
This application has been filed for readmission of Second Appeal No.1024/2019 which was dismissed for non-compliance of peremptory order dated
06.08.2019.
I.A. No.731/2021 has been filed under Section 5 of Limitation Act for condonation of delay.
It is submitted by the counsel for the applicant that since he was not aware of the peremptory order passed by this Court, therefore the default could
not be removed and as neither the applicant nor his counsel was aware of the dismissal of the second appeal in default, therefore the application for
readmission of second appeal could not be moved within a period of limitation and accordingly, it is prayed that delay in filing the application for
condonation of delay may be condoned.
Considering the submissions made by the counsel for the applicant, I.A. No.731/2021 is allowed. The delay in filing the application for readmission of
the appeal is hereby condoned.
Heard on the question of merits.
It is the case of the applicant that there was a default of valuation under different heads and payment of court fee accordingly. There was default of
Court fee on application as well as on certified copy of the impugned judgment and process fee of Rs.100 was not paid as per gazette notification
dated 01.09.2017. It is submitted that the applicant would remove the default within a period of one week after readmission of the second appeal.
Accordingly, this application for readmission of the appeal filed under Order 41 Rule 19 of CPC is allowed, subject to payment of cost of Rs.2,000/- to
be deposited in the account of library fund of M.P. High Court
It is further clarified in case if the default in Second Appeal No.1024/2019 is not removed within a period of seven days from the date of deposit of the
cost, then this order shall automatically lose its effect. It is further clarified that if the cost is not deposited within a period of seven days and the
receipt is not produced thereof, then also this order shall lose its effect.
With the aforesaid, MCC is finally disposed of.