Allowed¶17

Nand Lal Rai v. Smt Rita Devi

Jharkhand HC12 Jul 2024C.M.P./198/2023

Case brief

AI extract

What is this about?

Keywords: condonation of delay (260 days); restoration of dismissed second appeal; non-removal of defects; peremptory order; notice in limine sufficiency; High Court of Jharkhand at Ranchi; C.M.P. No. 198 of 2023; I.A. No. 6448 of 2023; Second Appeal No. 427 of 2018; Justice Anil Kumar Choudhary; dismissed 03.11.2021; filed 21.02.2023; order dated 12.07.2024.

What did the court decide?

Delay of 260 days in filing C.M.P. No. 198 of 2023 condoned; Second Appeal No. 427 of 2018 restored to its original file at its pre-dismissal stage and directed to be listed under the appropriate heading after a week. ¶17

Nand Lal Rai Vs Smt Rita Devi — Jharkhand HC (2024) — LawSathi Research

¶1

IN THE HIGH COURT OF JHARKHAND AT RANCHI

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C.M.P. No. 198 of 2023

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------

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CORAM: HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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------ For the Petitioner s : Mr. A.K. Sahani, Advocate ------

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Order No.08 Dated- 12.07.2024 I.A. No.6448 of 2023

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This interlocutory application has been filed with a prayer to condone the delay of 260 days in filing this civil miscellaneous petition for restoration of the Second Appeal No. 427 of 2018 to its original file.

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It is submitted by the learned counsel for the petitioner that though the Second Appeal No. 427 of 2018 was dismissed on 03.11.2021 but the learned counsel for the petitioner herein could know about nonremoval of the defects only upon service of notice on 20.01.2023 and the instant civil miscellaneous petition has been filed on 21.02.2023. It is next submitted that the petitioners have very good grounds to agitate in this civil miscellaneous petition and unless the delay in filing this civil miscellaneous petition is condoned, the petitioner will be highly prejudiced.

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Considering the aforesaid facts, the delay of 260 days in filing this instant civil miscellaneous petition is condoned.

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This interlocutory application stands disposed of accordingly.

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(Anil Kumar Choudhary, J . )

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C.M.P. No. 198 of 2023

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Notice issued to the opposite party in the matter of limitation has been validly served.

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Hence, service of notice upon the opposite party is sufficient.

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It is submitted by the learned counsel for the petitioner that this civil miscellaneous petition has been filed at the instance of the petitioner for restoration of Second Appeal No. 427 of 2018 to its original file. It is next submitted by the learned counsel for the petitioner that Second Appeal No. 427 of 2018 was dismissed for non-

¶16

compliance of the peremptory order of this Court to remove the defects within a period of thirty days, after the physical Court starts. It is next submitted that due to inadvertence, the counsel for the appellant of the said Second Appeal No. 427 of 2018 could not remove the defects within the stipulated time resulting in dismissal of the said Second Appeal No. 427 of 2018. It is next submitted that the petitioner has very good grounds to agitate in the said Second Appeal No. 427 of 2018 and unless Second Appeal No. 427 of 2018 is restored to its original file, the petitioner will be highly prejudiced. Hence, it is submitted that the Second Appeal No. 427 of 2018 be restored to its original file.

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Considering the aforesaid submission of the learned counsel for the petitioner, Second Appeal No. 427 of 2018 is restored to its original file to the stage at which, it was before its dismissal.

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List Second Appeal No. 427 of 2018 under the appropriate heading after a week.

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(Anil Kumar Choudhary, J . )

¶20

Sonu/Gunjan-

Nand Lal Rai v. Smt Rita Devi

Case brief

What is this about?

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Nand Lal Rai v. Smt Rita Devi

Case brief

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