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Judgment
Heard on I.A. No. 01/2026, application for condonation of delay in filing this MCC.
On due consideration and for the reasons mentioned in the above application, the I.A. No. 01/2026 is allowed. Delay of 146 days in filing this MCC is hereby condoned.
Learned counsel for the applicant submits that the Second Appeal bearing SA No.393/2014 came to be dismissed for want of prosecution vide order dated 29.01.2026, as none appeared on behalf of the appellant on the said date. It is submitted that no information or message regarding listing of the case was received by the counsel concerned and, consequently, the counsel could not appear when the matter was taken up for hearing. It is further submitted that the non-appearance was due to a bona fide and inadvertent mistake on the part of the counsel and was neither intentional nor deliberate. Upon the appellant contacting the counsel regarding the status of the case, it was found that the appeal had already been dismissed for want of prosecution. It is, therefore, prayed that the order of dismissal be recalled and SA No.393/2014 be restored to its original number, so as to enable the appellant to contest the appeal on its merits.
I have heard learned counsel for the applicant and perused the material available on record.
Considering the facts and circumstances of the case, particularly the explanation furnished by the applicant for non-appearance on 29.01.2026, this Court is satisfied that sufficient cause has been shown for restoration of the appeal. The lapse appears to be bona fide and inadvertent.
Accordingly, this MCC is allowed. The order dated 29.01.2026, whereby SA No.393/2014 stood dismissed for want of prosecution, is recalled. SA No.393/2014 is restored to its original number, subject to payment of costs of Rs.5,000/- (Rupees Five Thousand only) payable to the Chhattisgarh High Court Bar Association Library Fund.
Sd/-(Bibhu Datta Guru) JUDGE