The High Court of Jharkhand condoned a delay of 110 days in filing civil miscellaneous petition No. 315 of 2020 due to a bona fide mistake by counsel regarding prior appeal defects, and restored the First Appeal to its original file.
Delay of 110 days condoned and First Appeal No. 166/2016 restored to original file.
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. 315 of 2020
Semlal Manjhi .... …Petitioner
Versus
CORAM : HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
For the Petitioner : Mr. Ramchander Sahu, Advocate For the O.P. Nos. 1 to 3 : Mr. N.P. Thakur, Advocate For the O.P. Nos. 4 to 6 : Mr. Rahul Dev, Advocate
04/ Dated:-22.04.2022
This petition has been heard through Video Conferencing in view of the guidelines of the High Court taking into account the situation arising due to COVID-19 pandemic.
Issue notice.
Mr. N.P. Thakur, learned counsel waives notice on behalf
of O.P. Nos. 1 to 3.
Mr. Rahul Dev, learned counsel waives notice on behalf
of O.P Nos. 4 to 6.
I.A. No. 3589 of 2021 has been filed for condonation of delay in filing the civil miscellaneous petition.
In para 8 and 9 of the said I.A., it has been disclosed that the conducting counsel was under impression that he has removed all the defects in the Memo of First Appeal but an office memo dated 27.01.2020 was served to the conducting counsel of the petitioner informing that F.A. No. 166/2016 stood rejected for non compliance of the peremptory order dated 19.09.2019.
Considering that the mistake is bonafide and sufficient ground has been made for condoning the delay of 110 days in filing the civil miscellaneous petition, prayer is allowed and delay of 110 days in filing the CMP is condoned.
I.A. No. 3589 of 2021 stands allowed and disposed of.
As the First Appeal was not decided on merit and due
to peremptory order the said appeal was dismissed, F.A. No.166 of
2016 is restored in its original file.
C.M.P. No.315 of 2020 stands allowed and disposed of.
(Sanjay Kumar Dwivedi, J.)
Satyarthi/-
1 issue framed by the court
Whether the delay in filing the civil miscellaneous petition should be condoned.
Semlal Manjhi
Mahadeo Sao
Shibalal Sao
Shankar Sao
State of Jharkhand
Executive Engineer, Maithan Right Bank, Power Station, Maithan
Sanjay Kumar Dwivedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
