The High Court of Jharkhand allowed a Civil Miscellaneous Petition seeking restoration of W.P.(S) No. 2335 of 2012. The court ordered the defects in the impugned writ petition be removed within three weeks, failing which it shall be dismissed.
C.M.P. allowed subject to removal of defects in the underlying writ petition within three weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JHARKHAND AT RANCHI C.M.P No. 255 of 2016
Chandradew Paswan, Son of Mahabir Paswan, Resident of Lodna Shramik Kalyan, P.O.-Lodna, P.S.- Tisra, District-Dhanbad (Jharkhand)
..... Petitioner
Versus
CORAM : HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
For the Petitioner : Mr. Shekhar Prasad Sinha, Adv. For the Respondents : Mr. Rajiv Ranjan, Adv.
Order No. 05: Dated 9th August, 2019
The present Civil Miscellaneous Petition has been filed for restoration of W.P.(S) No. 2335 of 2012.
Learned counsel appearing for the petitioner submits that for restoration of the said W.P.(S) No 2335 of 2012, he had earlier filed C.M.P. No. 27 of 2013, which was allowed vide order dated 09.02.2016 subject to removal of the defect within three weeks and if the defects shall not be done, the same shall stand dismissed without further reference to a Bench.
Mr. Sinha, learned counsel appearing for the petitioner submits that due to certain exigency in the family he was not able to do so and that is why W.P.(S) No. 2335 of 2012 has not been restored.
For the reasons assigned in C.M.P No. 255 of 2016, this C.M.P is allowed, subject to the condition that the defects, pointed out by the office, in W.P.(S) No.2335 of 2012 be removed within a period of three weeks, failing which, it shall be dismissed without further reference to the Bench.
This Civil Miscellaneous Petition is disposed of.
(Sanjay Kumar Dwivedi, J.)
Raja /
1 issue framed by the court
Whether the Civil Miscellaneous Petition allowing restoration of a pending Writ Petition exceeding the limitation period should be allowed conditional upon cure of defects.
Chandradew Paswan
M/s B.C.C.L. Koyla Bhawan
The Chief General Manager
The Project Officer, NT-ST Project
Dy. C.M.E./Agent
Sanjay Kumar Dwivedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
