Allowed

Manoj Kumar Baghel v. State Of Chhattisgarh

Chhattisgarh HC2 May 2017MCC/336/2017

Case brief

AI extract

What is this about?

This application sought to recall a default judgment rendered on 27.03.2017 where the appellant was unheard. The court accepted that the prior decision was taken in default and vacated it, restoring Writ Appeal No. 210/2013 to the file for fresh hearing date 05.05.2017.

What did the court decide?

Recalled judgment dated 27.03.2017 and restored Writ Appeal No. 210/2013 to file for hearing on 05.05.2017.

Manoj Kumar Baghel Vs State Of… — Constitutional and Fundamental Rights | Chhattisgarh HC (2017)

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HIGH COURT OF CHHATTISGARH, BILASPUR

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Order Sheet

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MCC No. 336 of 2017

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Manoj Kumar Baghel Versus State of Chhattisgarh and others

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02.05.2017	Shri Dhirendra Pandey, counsel for the applicant. Shri B. Gopa Kumar, Dy. Advocate General for the State. This application is filed seeking to vacate the decision taken on default thereby dismissing appeal on merits as well.
	Even the cause title of the judgment rendered on 27.03.2017 in Writ Appeal No. 210/2013 shows that none had appeared for the appellant. Though the factual aspects touching the merits of the case were refuted and considered by the Bench while rendering that judgment, the fact of the matter remains that the appellant was not heard. Therefore, it is essentially decision on default and not after affording opportunity of hearing to the writ appellant. In this view of the matter, we accept the grounds raised in this application and hold that the judgment rendered on 27.03.2017 can be recalled and Writ Appeal no. 210/2013 can be restored to file and list for hearing. In the result, the MCC is allowed thereby restoring Writ Appeal no. 210/2013 to file. As a consequence, the judgment rendered on 27.03.2017 in that writ appeal will not bind parties. After restoration, list the writ appeal for consideration on 05.05.2017.
	Sd/- Sd/-
Bhola	(Thottathil B. Radhakrishnan) (P. Sam Koshy) CHIEF JUSTICE JUDGE

Manoj Kumar Baghel v. State Of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Manoj Kumar Baghel v. State Of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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