This order allowed a civil miscellaneous petition for the restoration of a First Appeal filed by default. The court was satisfied with the explanation for non-appearance and directed the office to restore the appeal to its original file.
Restoration of First Appeal No. 29 of 2009 to original file and posting before an appropriate Bench.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
C.M.P. No. 416 of 2019
… … Opp. Parties ---
CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY
For the Petitioner s : Mr. Rahul Kamlesh, Advocate : For the Opp. Parties ---
2. Nobody appears on behalf of the opposite parties.
3. Learned counsel for the petitioners submits that in spite of service of notice, the respondents have not appeared and the service of notice is complete. He further submits that today also, nobody is appearing on behalf of the respondents.
4. The learned counsel for the petitioners thereafter submits that the present petition has been filed for restoration of First Appeal No. 29 of 2009 to its original file, which stood dismissed for default vide order dated 10.04.2019 passed by this Court. He further submits that the reason for non-appearance has been mentioned in para 5 of this civil miscellaneous petition and it has been stated that on the date of dismissal of the present appeal, the counsel for the appellant could not reach in time. He also submits that if the first appeal is not restored to its original file, the petitioners would suffer irreparable loss and injury.
5. After hearing the counsel for the petitioners and going through the averments made in the petition for restoration and
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on being satisfied with the cause shown therein, this Court is inclined to allow the present petition for restoration of First Appeal No. 29 of 2009. Accordingly, the present petition is allowed and the First Appeal No. 29 of 2009 is restored to its original file.
6. Office is directed to post the First Appeal No. 29 of 2009 before appropriate Bench as per roster.
(Anubha Rawat Choudhary, J.)
Pankaj
Mahendra Ram
Binod Rajak
Kameshwar Mahto
Jagjeevan Ram
Manraj Ram
Bhagi Nath Mahto
Anubha Rawat Choudhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
