High Court permitted withdrawal of a writ application filed under Article 226 seeking quashing of an order dismissing an appeal under Order 41 Rule 17 CPC, allowing liberty to file appropriate petition.
The application was permitted to be withdrawn with liberty to file appropriate petition seeking remedy under Order 41 Rule 19 CPC.
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 JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5863 of 2013
======================================================
.... .... Petitioner/s Versus
.... .... Respondent/s ====================================================== For the Petitioners : Mr. Baxi S.R.P. Sinha Mr. Anand Kishore Choudhary
====================================================== Appearance :
For the Petitioners : Mr. Baxi S.R.P. Sinha
For the Respondent/s :
====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH
ORAL ORDER
2 21-06-2013 This application under Article 227 of the Constitution of India has been filed for quashing the order dated 01.06.2009 by which Miscellaneous Appeal No. 4 of 2006 stood dismissed under Order 41 Rule 17 of the Code of Civil Procedure by learned Additional District Judge, F.T.C. IV, West Champaran, Bettiah.
Learned senior counsel appearing on behalf of the petitioner has very fairly submitted that in view of the provision under Order 41 Rule 19, the petitioner’s remedy lies in the court below for
Patna High Court CWJC No.5863 of 2013 (2) dt.21-06-2013
2/2
re-admission of the appeal, dismissed under Order 41 Rule 17 of the Code of Civil Procedure and he seeks permission to withdraw the present application with a liberty to file appropriate application
/ writ petition before the Court below.
In view of the above submission, this application is permitted to be withdrawn with a liberty to the petitioner to file appropriate petition to seek remedy available under law.
(Chakradhari Sharan Singh, J.)
Saif/-
1 issue framed by the court
Whether the petitioner is permitted to withdraw the application for quashing with liberty to approach the court below.
3 provisions across 2 enactments
Badari Ram Son Of Late Chhathu Ram
Bacha Pandey Son Of Late Ganesh Pandey
Ashok Pandey Son Of Late Awadh Kishore Pandey
Bhikhan Ram Son Of Late Faujdar Ram
Most. Kaulpatia Wife Of Late Lakshami Ram
Funni Ram Son Of Late Chhathu Ram
Chakradhari Sharan Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
