In a restoration petition, this bench restored a dismissed civil writ jurisdiction case that was set aside for default due to non-compliance with a peremptory order regarding service of notice.
The writ petition (C.W.J.C. No. 11086 of 2012) was restored to its original file and number.
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 Miscellaneous Jurisdiction Case No.156 of 2013
In
Civil Writ Jurisdiction Case No. 11086 of 2012
======================================================
Versus
Smt. Laxmi Khalko, wife of late Sanjay Felix Khalko, resident of Quarter no. 366 GH, Rampur Colony, Jamalpur.
.... .... Opposite Party
====================================================== Appearance :
For the Petitioner/s : Mr. Anil Singh For the Opp. Party : Mr.
======================================================
CORAM: HONOURABLE MR. JUSTICE S.N. HUSSAIN
and
HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER
(Per: HONOURABLE MR. JUSTICE S.N. HUSSAIN)
3 08-05-2013 This petition has been filed by the petitioner for restoration of C.W.J.C. No. 11086 of 2012, which stood dismissed for default due to non-compliance of the peremptory order dated 09.10.2012 passed by a Bench of this Court, by which four weeks’ time was granted to the appellants to take steps for fresh service of notice with present correct address upon the sole respondent by both the processes.
Patna High Court MJC No.156 of 2013 (3) dt.08-05-2013
Page 2
prevented the appellants from complying the said order within the time prescribed. However, the said order was complied subsequently on 07.11.2012, which was belated by one day. The plea taken is wrong calculation of the date by the person concerned.
(S.N. Hussain, J)
MPS/-
(Ahsanuddin Amanullah, J)
2 issues framed by the court
Whether the writ petition was to be restored and allowed for default dismissal due to non-compliance with a peremptory order.
Whether belated service of notice satisfied the compliance requirement for restoration of the writ petition.
Union Of India through the General Manager, Eastern Railway
The Financial Advisor & Chief Accounts Officer, Eastern Railway
The Deputy Chief Accounts Officer (Workshop) Eastern Railway
The Workshop Accounts Officer (in charge), Eastern Railway
Smt. Laxmi Khalko
S.N. Hussain
Ahsanuddin Amanullah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
