Civil miscellaneous petition seeking restoration of a dismissed second appeal; sufficient cause shown for defect in filing; petition allowed and appeal restored.
S.A. no. 179 of 2013 restored to original file; petitioner directed to file certified copy within a week.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI C.M.P. No. 324 of 2016
Anil Bhagat and Others ………..Petitioners Versus Smt. Jasoda Devi ………. Opp. Party --------CORAM: HON’BLE MR. JUSTICE AMITAV K. GUPTA
---------- For the Petitioners : Mr. Ashish Verma, Advocate For the Opp. Party : -----------
03/Dated:16.06.2017
This civil miscellaneous petition has been filed for restoration of S.A. no. 179 of 2013.
2. Learned counsel for the petitioners was directed to remove the defects as pointed out by the office by peremptory order dated 16.05.2016. Since the appellant/petitioner could not remove the defects, accordingly, the appeal stood dismissed on 21.06.2016. It is submitted that certified copy of lower court judgment was filed but since the said copy was not legible being a faint print, the petitioners were directed to file a fresh certified copy of the judgment. That despite the best efforts, the certified copy of the judgment could not be obtained within the prescribed period, accordingly, defects could not be removed, resulting in dismissal of second appeal. It is urged that a fresh copy has been obtained and he shall file the same for removing the defects as pointed out by the office in S.A. no. 179 of 2013. It is urged that the petitioners have a good case and if S.A. no. 179 of 2013 is not restored to its original file the petitioners shall suffer irreparable loss and injury.
3. Heard. In view of the reasons assigned in the supporting affidavit, sufficient cause and reasonable explanation is made out, accordingly, this miscellaneous petition stands allowed and S.A. no. 179 of 2013, is directed to be restored to its original file.
4. Learned counsel for the petitioner shall file the certified copy of the lower court’s judgment within a week.
5. Office is directed to check and verify.
6. If the defects are removed within a week, office is directed to list S.A. no. 179 of 2013 before appropriate Bench.
(Amitav K. Gupta, J.)
Tarun/-
Anil Bhagat and Others
Smt. Jasoda Devi
Amitav K. Gupta
As recorded by the court registry
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