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Madhya Pradesh High Court · body

1977 DIGILAW 402 (MP)

Kasturi Bai v. Prahlad Bhagat

1977-10-03

J.P.BAJPAI

body1977
Short Note : 1. The applicant plaintiff sought to challenge the order made by the trial Court refusing to restore her suit which was earlier dismissed on the ground of default in making payment of process fees According to the applicant plaintiff, process fee could not be paid as directed by the Court due to her illness. The plaintiff produced the medical certificate in support of the contention about the illness. The trial Court, despite believing the fact that she was ill, dismissed the application by observing that despite being ill, she should have been prompt in getting the process fees paid by availing service of somebody. Held : After going through the material on record, this Court is of opinion that the order impugned, if allowed to stand, will result in miscarriage of justice. In view of the fact already found that the plaintiff, an old lady, was ill during the relevant period, there was sufficient explanation for the default and the suit should have been restored. The order impugned is thus contrary to the evidence on record and is therefore, set aside. Revision allowed.