Petitioners sought to withdraw the present writ application against an order passed by the trial court under Order VII Rule 11 CPC, with liberty to file a civil revision, respecting an admission of bona fide mistake.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P (C) No. 5040 of 2016
----- 1.Ratna Mukherjee w/o late Shyamal Mukherjee 2.Arup Mukherjee s/o late Shyamal Mukherjee 3.Bandita Mukherjee d/o late Shyamal Mukherjee
All are residents of Maniktala Main Road, Bhawnath Sent Street, 15B-Talla Shyam Bazar, Kolkata
Petitioners
Versus
1.Rajesh Kumar Singh, son of Shri Uprendra Narayan Singh, resident of village – Kakwara, PO & PS Banka, District Banka and also residing at Casterds Town, Deoghar, PO & PS Deoghar, District Deoghar 2.Sunil Kumar son of Shri Parmeshwar Prasad, resident of Moulvi Nizamat Hussain Road, Deoghar, PO & PS Deoghar, District Deoghar
…… Respondents
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CORAM: HON’BLE MR. JUSTICE AMITAV K. GUPTA
-----
For the Petitioner : Mr. Ranjan Kumar, Advocate For the Respondent : ------
---- Dated : 13 th June, 2017
Learned counsel, at the threshold, submits that due to bona fide mistake, the present writ application has been filed against the order passed by the trial court under Order VII Rule 11 C.P.C, whereas revision lies against the said order under section 151 C.P.C.
It is submitted by learned counsel that he seeks to withdraw the present writ application with liberty to file civil revision and period of limitation may sympathetically be considered by the Court.
Heard. Learned counsel is permitted to withdraw the present writ application with liberty to file appropriate application before the competent court.
With the said direction, the writ application is hereby disposed off.
(Amitav K. Gupta, J.)
dey
2 provisions across 1 enactments
Ratna Mukherjee w/o late Shyamal Mukherjee
Arup Mukherjee s/o late Shyamal Mukherjee
Bandita Mukherjee d/o late Shyamal Mukherjee
Rajesh Kumar Singh
Sunil Kumar
AMITAV K. GUPTA
As recorded by the court registry
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