Badrilal(Decd. )Thr. Dr. Rameshchandra v. State of M. P.
2014-04-21
JARAT KUMAR JAIN, SHANTANU KEMKAR
body2014
DigiLaw.ai
Judgment: By filing this MCC the applicant is seeking restoration of First Appeal No.942/2012 which suffered dismissal on account of peremptory order dated 06.01.2014. 2. According to the learned counsel for the applicant, the applicant had moved an application seeking reduction of valuation of the appeal and as per the proposed amendment in the memo of appeal for the reduction of valuation of appeal the Court fees was properly paid. He further submits that during the pendency of the First Appeal the Appellant-Badrilal S/o Shri Narayan has died and as such an application was filed in the appeal for bringing his legal representatives on record. 3. Taking into consideration the aforesaid submissions, we are of the view that MCC deserves to be allowed. 4. Accordingly, we allow the MCC and restore the First Appeal No.942/2012 to its original number. 5. Let the appeal be now listed on 28.04.2014.