The Debt Recovery Tribunal, Patna allowed a miscellaneous application restoring a setting aside appeal (SA 244/2019) dismissed in default due to the counsel's illness, setting the hearing for 18.2.2023.
Order of 7.4.2022 set aside; SA 244/2019 restored for hearing on 18.2.2023.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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MA 114 of2022
21.12.2022
This Misc. application has been moved on behalf of the applicant for restoration of the SA 244/2019 on the ground that the counsel engaged in the matter was unwell. As such he could not attend the case on 7.4.2022 consequently SA 244/2019 was dismissed in default.
In the interest of justice the Misc. application is allowed. The order passed on 7.4.2022 in SA 244/2019 is hereby set aside and SA 244/2019 is restored in its original number for hearing on 18.2.2023.
Order to be uploaded on the Tribunal's website
Patna
(KaUShal~ adav Presiding Officer
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1 issue framed by the court
Whether to allow a miscellaneous application for restoration of a setting aside-appeal due to counsel illness.
Unspecified Applicant
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
