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Judgment
Heard on I.A. No. 01/2026, an application for condonation of delay in filing the present MCC.
On due consideration and for the reasons mentioned in the application, I.A. No. 01/2026 is allowed. Delay of 117 days in filing the present MCC is hereby condoned.
Learned counsel for the applicant submit that Second Appeal No.131/2026 was dismissed for non-removal of office defaults within the stipulated period of ten days pursuant to the order dated 13.02.2026. It is submitted that due to a bona fide and inadvertent clerical mistake on the part of the counsel, the defaults could not be removed within the prescribed period, resulting in dismissal of the appeal. It is, therefore, prayed that the order of dismissal be recalled and Second Appeal No.131/2026 be restored to its original number.
I have heard learned counsel for the applicants and perused the material available on record.
Considering the facts and circumstances of the case and the explanation furnished by the applicants, this Court is satisfied that sufficient cause has been shown for restoration of the Second Appeal No. 131/2026. The lapse appears to be bona fide and inadvertent.
Accordingly, this MCC is allowed. The order dated 13.02.2026, whereby Second Appeal No.131/2026 stood dismissed for non-removal of office defaults, is recalled. Second Appeal No.131/2026 is restored to its original number, subject to payment of costs of Rs.3,000/- (Rupees Three Thousand only) payable to the Chhattisgarh High Court Bar Association Library Fund.