This miscellaneous petition sought readmission of a civil appeal (F.A. No. 166 of 2008) dismissed for default due to the petitioner's counsel's absence caused by inadvertence. The court allowed the readmission.
F.A. No. 166 of 2008 readmitted to its original file to the stage at which it was before its dismissal.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
C.M.P. No. 16 of 2020
Madan Pandey … Petitioner
Versus
The State of Jharkhand & Ors. … Opposite Parties
CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
For the Petitioner : Mr. Ramawatar Choubey, Adv. For Opp. Party Nos.1 to 4: Mr. Sanjeev Thakur, Adv.
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Order No.05 Dated- 01.09.2023
Heard the parties.
This civil miscellaneous petition has been filed at the instance of the petitioner for readmission of F.A. No. 166 of 2008 to its original file.
Learned counsel for the petitioner submits that F.A. No. 166 of 2008 was dismissed for default of the petitionerappellant. It is next submitted that on 16.05.2018 due to inadvertence, the learned counsel for petitioner-appellant could not appear before this Court hence, the appeal was dismissed for default of the petitioner-appellant. It is next submitted that on 09.01.2020, the petitioner-appellant came to Ranchi to meet the counsel to know the status of the case but on inquiry; it came to his knowledge that the case was dismissed for default on 16.05.2018. It is further submitted that the petitioner has very good grounds to agitate in this F.A. No. 166 of 2008 and unless F.A. No. 166 of 2008 is readmitted to its original file, the petitioner-appellant will be highly prejudiced. Hence, it is submitted that the F.A. No. 166 of 2008 be readmitted to its original file.
Learned counsel for the opposite party nos.1 to 4 submits that he has no serious objection.
Considering the aforesaid submission of the learned counsel for the petitioner-appellant, F.A. No. 166 of 2008 is readmitted to its original file to the stage at which, it was before
its dismissal.
This civil miscellaneous petition is disposed of
accordingly.
(Anil Kumar Choudhary, J . )
Sonu-Gunjan/
1 issue framed by the court
Whether a civil appeal dismissed for default should be readmitted to its original file.
Madan Pandey
The State of Jharkhand
Anil Kumar Choudhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
