The court dismissed a civil miscellaneous petition filed to recall a writ petition that had been dismissed in default for non-appearance. The court found no sufficient explanation for the delay in filing the current petition.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI C.M.P No.388 of 2019
Madan Mohan Rai, s/o late Basudeo Rai, at present r/o Jai Prakash Nagar, Gali No.4, PO+PS+District-Dhanbad, r/o Court Quarter Colony Quarter No.-173-Hirapur Verma Chowk, PO+PS+District-Dhanbad. ... Petitioner
... Petitioner
Versus
(Through V.C)
CORAM: HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR
For the Petitioner : Mr. Kumar Nilesh, Advocate For the State : Mr. Jagdeesh, AC to SC-I
Order No.6/Dated:11th March 2022
In the writ proceeding, the petitioner was not represented through his learned counsel on 7th November 2012. It appears that the writ petition came on Board on 17th March 2017 and on that day also no one appeared for the petitioner. Consequently, W.P.(S) No.5339 of 2012 was dismissed in default and interim order dated 6th December 2012 was vacated.
2. The present civil miscellaneous petition has been filed on 20th May 2019, apparently with a delay of more than two years. The present civil miscellaneous petition contains seven paragraphs out of which four are proforma paragraphs. The relevant averments in C.M.P No.388 of 2019 are extracted below:
“3. That, earlier counsel of the petitioner could not appear before the court at the time of hearing due to bonafide mistake.
2 C.M.P No.388 of 2019
3. From a reading of the aforesaid paragraphs, I do not find any explanation as regards delay in filing the present civil miscellaneous petition. This petition is completely silent as regards when the petitioner came to know about non-appearance of the learned counsel and dismissal of the writ petition in default.
4. In the above facts, I am not inclined to entertain this civil miscellaneous petition and, accordingly, C.M.P No.388 of 2019 is dismissed.
(Shree Chandrashekhar, J.)
Amit/
1 issue framed by the court
Whether a civil miscellaneous petition to recall a default dismissal after a prolonged delay should be entertained.
Madan Mohan Rai
The State of Jharkhand
Shree Chandrashekhar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
