In a civil first appeal, the court directed the registry to return the memo of appeal to the appellant who had failed to present it for 20 years after a 1993 non-maintainability order, directing him to explain the delay before the appropriate forum.
Returned the memo of appeal to the appellant immediately to enable presentation before the appropriate Court.
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Patna High Court FA No.287 of 1990 (6) dt.01-03-2013
IN THE HIGH COURT OF JUDICATURE AT PATNA First Appeal No.287 of 1990
| ====================================================== Shiv Yadav .... .... Appellant/s |
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| Versus Deoki Yadav .... .... Respondent/s ====================================================== |
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| Appearance : For the Appellant/s : Mr. Ram Pd. Singh Mr. Ram Bishnu Pd. Mr. Pramod Kr. |
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| For the Respondent/s : Mr. ====================================================== |
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| CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER |
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| 6 | 01-03-2013 Perused the office note dated 28thFebruary, 2013. From perusal of the order dated 10.11.1993, it appears that this appeal |
| was held to be not maintainable before the High Court. Therefore, the | |
| appellant was directed to receive the memo of appeal for its proper presentation but none has turned up to receive the memo of appeal. |
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| Today the learned counsel, Mr. Pramod Kumar submitted that he will receive the memo of appeal. Accordingly, the office is directed to return the memo of appeal immediately within one week. It may be mentioned here that the order was passed in the year 1993 and after 20 years the prayer has been made. In such view of the matter for this 20 years limitation, the appellant |
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| shall explain the same before the Court where the memo of appeal will be presented and if limitation application will be filed, the Court shall decide the |
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| same according to law without being influenced by this Order. |
Sanjeev/-
(Mungeshwar Sahoo, J)
2 issues framed by the court
Whether to return the memo of appeal filed after 20 years delay to the appellant to present before the Court.
Whether the appellant is required to explain the 20-year delay regarding limitation before the Court of first instance.
Shiv Yadav
Deoki Yadav
Mungeshwar Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
