A petition under C.M.P.No.417 of 2014 sought restoration of F.A.No.15 of 2005, dismissed due to non-compliance with a fee order. The High Court noted repeated lapses by the appellant over several years and denied the prayer.
The petition to restore F.A.No.15/2005 to the original file is dismissed.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
C.M.P.No. 417 of 2014
IN
F.A.No. 15 of 2005 Ramogriv Tiwary.
… ...Petitioner
-VersusThe State of Bihar (Now Jharkhand). … ...Opp. Party
CORAM: THE HON'BLE MR. JUSTICE D.N.UPADHYAY
For the Petitioner: Mr. Santosh Kumar Tiwary, Advocate. For the State: A.P.P.
03/14.08.2015 This C.M.P. has been filed with a prayer to restore F.A.No.15/2005 to its original file.
It is pointed out that F.A.No.15/2005 stood dismissed for non-compliance of court's order dated 03.12.2014. Due to Bank strike, the petitioner could not obtain the required court fee and that was the reason it was not filed. The petitioner shall suffer irreparable loss if the F.A.No.15/2005 is not restored to its original file.
I have gone through the order dated 03.12.2014 passed in F.A.No.15/2005. It appears that F.A.No.15/2005 stood dismissed and restored vide order dated 10.07.2006 passed in C.M.P.No.425/2005. The appellant did not remove the defects and the appeal again stood dismissed for non-compliance of order dated 25.11.2008. Again C.M.P.No. 181/2010 was filed and the appeal was restored vide order dated 06.11.2012. The appellant remained careless and did not remove the defects pointed out by the office and the matter was pending for about two years for filing required court fee. When the order was not complied with on 03.12.2015 F.A.No.15/2005 stood dismissed. Now C.M.P.No. 417/2014 has been filed for the third time to restore F.A.No. 15/2005.
I am not satisfied with the grounds taken and I do not feel inclined to restore F.A.No.15/2005 to its original file. Accordingly, this C.M.P. stands dismissed.
[D.N.Upadhyay,J.]
P.K.S.
1 issue framed by the court
Whether the court should restore the first appeal (F.A.No.15/2005) to its original file in light of the non-compliance of a previous order and the petitioners repeated carelessness in filing timeous c
Ramo gri v Tiwary
The State of Bihar (Now Jharkhand)
D.N. Upadhyay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
