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2019 (11) TMI 1816 - HC - Indian LawsSeeking restoration of petition which was dismissed in non compliance of peremptory order - applicant submits that due to inadvertent, default could not be cured within stipulated time as has been granted by this Court - HELD THAT:- Considered the judgment passed by Hon'ble Supreme Court in RAFIQ AND ANOTHER VERSUS MUNSHILAL AND ANOTHER [1981 (4) TMI 255 - SUPREME COURT] wherein, it is categorically held that for the fault of counsel, a party should not be made to suffer. Therefore, this court deems it fit to allow the MCC. The Misc. Civil Case is allowed subject to payment of cost of Rs.1000/- to be deposited in the Legal Aid Services within seven working days.
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