Allowed

Anusuchit Jati Anusuchit Janjati Kalyan Sangh Thr Its Secretary Ranjit Ram v. State of Jharkhand and Ors.

Jharkhand HC9 Oct 2014C.M.P./140/2014

Case brief

AI extract

What is this about?

The High Court of Jharkhand condoned a delay of 105 days in filing a writ petition and restored a previously dismissed application (C.M.P. No. 245 of 2013). The court found no deliberate laches, as the delay resulted from clerical errors and lack of communication regarding the dismissal of the earlier W.P. Two weeks were granted to remove defects.

What did the court decide?

Delay of 105 days condoned; C.M.P. No. 245 of 2013 restored; two weeks time granted to remove defects.

Anusuchit Jati Anusuchit Janjati Kalyan… — Civil Procedure and Limitation | Jharkhand HC (2014)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI C.M.P. No. 140 of 2014

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Anusuchit Jati/Anusuchit Janjati Kalayan Sangh, Ranchi …… Petitioner Versus The State of Jharkhand & others …… Opposite Parties

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CORAM: HON'BLE MR. JUSTICE AMITAV K. GUPTA

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For the Petitioner : Mrs. Richa Sanchita, Advocate For the State : Mr. Lalan Kr. Singh, J.C. to G.P.1

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---------

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03/Dated: 09/10/ 2014

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I.A. No.4096 of 2014

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This interlocutory application has been filed under Section 5 of the Limitation Act for condoning the delay of 105 days for filing the present petition.

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Learned counsel for the petitioner has submitted that W.P.(C) No. 2473 of 2009 was filed by the petitioner but the same was dismissed for non-prosecution on 23.01.2013; that the petitioner had filed C.M.P. No. 245 of 2013 which was listed on 04.12.2013 whereby the court ordered for removal of defects as pointed out by the office within a week but the case could not be marked by the Advocate clerk due to which the peremptory order could not be complied with; that the petitioner was not aware of the order as the conducting lawyer had not communicated the same whereafter he engaged another Advocate who inspected the records of C.M.P. No. 245 of 2013 and come to know about dismissal of the same due to non-compliance of the peremptory order, thereafter, the petitioner took back the entire file of writ and C.M.P. the then conducting Advocate and entrusted the file to the newly engaged Advocate and there has been no deliberate or intentional laches on the part of the petitioner.

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Mr. Lalan Kr. Singh J.C. To G.P.1 has not raised any serious objection.

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In view of the reasons assigned, the delay is hereby condoned and I.A. No. 4096 of 2014 stands disposed of.

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C.M.P. No. 140 of 2014

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Learned counsel for the petitioner has submitted that the present application has been filed for restoration of C.M.P. No. 245 of 2013 which was dismissed due to non-compliance of the peremptory order dated 04.12.2013, whereby the defects as pointed out by the office has not been removed within a week; that there is

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no deliberate or intentional laches on the part of the petitioner rather the same could not be marked by the Advocate Clerk due to which defect could not be removed within the prescribed period; that on getting knowledge the present application has been filed.

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Mr. Lalan Kr. Singh J.C. to G.P.1 has not raised any serious objection.

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Accordingly, C.M.P. No. 140 of 2014 is allowed and C.M.P. No. 245 of 2013 is restored to its original position.

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Two weeks time is granted to remove the defects as pointed out by the office in C.M.P. No. 245 of 2013.

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(Amitav K. Gupta, J.)

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Satayendra/-

Anusuchit Jati Anusuchit Janjati Kalyan Sangh Thr Its Secretary Ranjit Ram v. State of Jharkhand and Ors.

Case brief

What is this about?

What did the court decide?

Anusuchit Jati Anusuchit Janjati Kalyan Sangh Thr Its Secretary Ranjit Ram v. State of Jharkhand and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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