The High Court of Jharkhand restored a Special Appeal to its original file following the petitioner's explanation for default and granted relief without drawing on precedent.
Restoration of S.A. no. 466 of 2017 to its original file; listing after a week.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
CMP No. 380 of 2023
Fakir Mahto & Ors. … Petitioners
Versus
Guran Mahto @ Gurucharan Mahto
… Opposite Party
Coram: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
For the Petitioner : Mr. H.S.Pandey ,Adv. For the Opp. Party : Mr. Lalit Yadav ,Adv.
04 / 15.09.2023 Heard the parties.
This civil miscellaneous petition has been filed at the instance of the petitioner for restoration of S.A. no. 466 of 2017 to its original file.
Learned counsel for the petitioner submits that the S.A. no. 466 of 2017 was dismissed for default of the petitioner vide order dated 27.03.2023. Learned counsel for the petitioner submits that the conducting counsel was out of station in connection with illness of his wife and when the case was called out, he could not appear which resulted in dismissal of S.A. no. 466 of 2017. It is further submitted that the petitioner has very good grounds to agitate in S.A. no. 466 of 2017 and unless the same is restored to its original file, the petitioner will be highly prejudiced. Hence, it is submitted that S.A. no. 466 of 2017 be restored to its original file.
Learned counsel for the opp. party no. 2 has no serious objection for the prayer of restoration.
Considering the aforesaid submission of the learned counsel for the petitioner, S.A. no. 466 of 2017 is restored to its original file to the stage, at which it was before its dismissal.
List S.A. no. 466 of 2017 after a week before an appropriate Bench.
This civil miscellaneous petition is disposed of accordingly.
( ANIL KUMAR CHOUDHARY, J.)
Smita/-
Fakir Mahto & Ors.
Guran Mahto @ Gurucharan Mahto
ANIL KUMAR CHOUDHARY
As recorded by the court registry
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