Single judge allowed CMP to restore a dismissed contempt application to original file and directed compliance of prior peremptory order within one week.
Restoration of Contempt Civil No. 905 of 2016 to original file with direction to comply order dated 16.6.2017 within one week.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
C.M.P No. 272 of 2017
Churamani Yadav …. …. Petitioner(s).
Versus
The State of Jharkhand & Anr. …. …. Opp. Party(s) ------ CORAM : HON'BLE MR. JUSTICE ANANDA SEN.
For the Petitioner(s) : Mr. Vineet Prakash, Advocate For the State : A.P.P.
03/02.02.2018
Petitioner, by filing this Civil Miscellaneous Petition, prays for restoration of Cont. (Civil) No. 905 of 2016, which was dismissed for default on 28.06.2017 due to non-compliance of the peremptory order dated 16.06.2017.
Counsel for the petitioner submits that due to inadvertence the defects could not be removed and as such, the contempt case was dismissed for default. Counsel for the petitioner undertakes that no sooner the Civil Miscellaneous Petition is allowed and the contempt application is restored to its original file, he will file necessary affidavit in the said contempt.
Keeping in view of the aforesaid submissions, I am inclined to allow this Civil Miscellaneous Petition. Accordingly, this petition is allowed and Contempt Civil No. 905 of 2016 is restored to its original file.
Petitioner is directed to comply the order dated 16.6.2017, passed in said contempt case within a period of one week.
Civil Miscellaneous Petition stands allowed.
(ANANDA SEN , J)
anjali/ C.P 3
Churamani Yadav
The State of Jharkhand
ANANDA SEN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
