Civil miscellaneous petition filed to restore a default-dismissed special appeal to its original file. Court restored the appeal and listed it for further hearing after a week.
Restoration of Special Appeal No. 154 of 2020 to its original file stage.
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. 118 of 2023
Basant Mandal … Petitioner
Versus Chaitu Mandal & Ors. … Opposite Parties
CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
For the Petitioner : Mr. Din Dayal Saha, Advocate For the O.P. Nos. 1 to 3 : Mr. Sachi Nandan Das, Advocate : Mr. Om Prakash Singh, Advocate ------
Order No.04 Dated- 01.09.2023
Heard the parties.
This civil miscellaneous petition has been filed at the instance of the petitioner for readmission of S.A. No. 154 of 2020 to its original file.
Learned counsel for the petitioner submits that S.A. No. 154 of 2020 was dismissed for default of the petitioner-appellant. It is next submitted that on 18.01.2023 when the appeal was called out, the learned counsel for the petitioner-appellant was engaged in another Court for argument, whereas the other counsel namely Savita Kumari was assisting him and the counsel Mr. Sandip Kumar Burnwal was also in another court and the counsels Mr. Birat Kumar and Mr. Anil Kumar Singh have not come to court on that day due to some personal difficulty, hence the learned counsel for petitioner-appellant could not appear before this Court and the appeal was dismissed for default of the petitioner-appellant. It is further submitted that the petitioner has very good grounds to agitate in this S.A. No. 154 of 2020 and unless S.A. No. 154 of 2020 is restored to its original file, the petitioner-appellant will be highly prejudiced. Hence, it is submitted that the S.A. No. 154 of 2020 be restored to its original file.
Learned counsel for the opposite parties submits that have no serious objection.
Considering the aforesaid submission of the learned counsel for the petitioner-appellant, S.A. No. 154 of 2020 is restored to its original file to the stage at which, it was before its dismissal.
List S.A. No. 154 of 2020 after a week before the appropriate
Bench.
This civil miscellaneous petition is disposed of accordingly.
(Anil Kumar Choudhary, J . )
Sonu-Gunjan/
Basant Mandal
Chaitu Mandal
Anil Kumar Choudhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
