Allowed

Shyam Kumar Singh v. Sita Singh and Ors.

Patna HC10 Oct 2012MJC/1946/2011

Case brief

AI extract

What is this about?

This judgment allowed the restoration of a civil revision application previously dismissed for non-compliance. The court extended the deadline for converting the application into one under Article 227 of the Constitution and removing defects until 30.11.2012, failing which the order would be recalled.

What did the court decide?

Extension of time granted until 30-11-2012 to remove all defects in the converted application under Article 227 of the Constitution of India.

Shyam Kumar Singh Vs Sita Singh and Ors. — Civil Procedure and Limitation | Patna HC (2012)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.1946 of 2011

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Shyam Kumar Singh, son of late Vishwanath Singh, resident of Village- Isarauli, P.O.-Mirjapur, P.S. Marhaura, District- Saran, at present resident of MohallaSalempur, within Chapra Town, P.S. Chapra Town, P.O.- Chapra, District- Saran. ....Plaintiff .... Petitioner/s

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Versus

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Sita Singh, daughter of late Rajeshwari Singh and wife of Sita Saran Ojha, resident of Mohalla- Sadhnapuri, Town- Chapra, P.S.- Chapra Town, P.O.Chapra, District- Saran.

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….Defendant…..Opposite Party 1^st set.

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1. Girija Pandey, daughter of late Rajeshwari Singh, and wife of late Baidya Nath Pandey, resident of Village- Harpur Karah, P.S.- Baniyapur, District- Saran, at present Mohalla- Sadhnapuri, Town- Chapra, District- Saran.

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1. Ranjeet Pandey, son of late Dashrath Pandey, Sergeant Police Line, Bhagalpur. 4. Sunand Pandey, son of late Dashrath Pandey, Chemist Oil Refinery, Senior Engineer, Manager, Marketing Project, I.O.C. Ltd, Digboi, Assam.

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1. Poonam Pandey, daughter of late Dashrath Pandey and wife of Sheoraj Chaudhary, Sanskrit Department, Sundarwati Mahila College, Bhagalpur.

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1. Munni Pandey, daughter of late Dashrath Pandey and wife of Parth Sarty, resident of Village- Arawa, P.O.- Nagra, P.S.- Nagra, District- Saran.

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…..Defendant….Opposite Parties 2^nd set.

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1. Ram Kumar Singh, alias Raj Kumar Singh, son of late Vishwanath Singh, resident of Village- Ishrauli, P.O.- Mirjapur, P.S. Marhawra, District- Saran, at present Mohalla- Salempur, within Chapra Town, P.O.- Chapra, P.S.- Chapra Town, District- Saran. ....Plaintiff .... Opposite Parties 3^rd Set.

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====================================================== Appearance :

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For the Petitioner/s : Mr. Nagendra Rai For the Opposite Party/s : Mr.

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====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER

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4 10-10-2012 Heard Mr. Nagendra Rai, learned counsel appearing on behalf of the petitioner.

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This application has been filed for restoration of C.R. No.569 of 2008 which stood dismissed for non-compliance of the order dated 21.7.2010, whereby the petitioner was granted four weeks’ time to convert the civil revision application into an application under Article 227 of the Constitution of India subject to fulfillment of other conditions failing which the application

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was to be dismissed without further reference to the Bench. The

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Patna High Court MJC No.1946 of 2011 (4) dt.10-10-2012

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order of this Court not having been complied with, the civil revision application stood dismissed.

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It is submitted that although pursuant to the order of this Court certain defects were removed by the petitioners, i.e. the civil revision application was converted into an application under Article 227 of the Constitution of India on 13.8.2010 when the court-fee, synopsis and the second copy of the brief were filed but as some defects remained to be removed, the application stood dismissed.

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Having heard learned counsel for the petitioner and having perused the materials on record, the period granted by order dated 21.7.2010 for taking steps for conversion of the civil revision application into an application under Article 227 of the Constitution of India is extended until 30.11.2012 before which date the petitioner shall remove all the defects as pointed out by the stamp report dated 18.8.2010, failing which this order shall stand recalled.

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This application is allowed.

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(Jyoti Saran, J)

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SKPathak/-

Shyam Kumar Singh v. Sita Singh and Ors.

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Shyam Kumar Singh v. Sita Singh and Ors.

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