This order restores a dismissed civil review petition after the petitioner demonstrated genuine reasons for failing to fully comply with a previous procedural order within the stipulated timeline.
Civil Review No. 96 of 2011 restored to its original file and number, subject to full compliance of the order dated 07.03.2012 by 19.06.2013.
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.2347 of 2013 In
Civil Review No. 96 of 2011 ====================================================== Dr. Dileep Kumar Gupta S/O Ram Krit Prasad Resident Of Village Gauriya Patti, P.S. Bagha Town, District Bettiah (West Champaran). .... Appellant .... Petitioner Versus Kiran Devi W/O Dr. Dileep Kumar Gupta D/O Surendra Prasad Resident Of Sikandarpur, P.S. Muzaffarpur Town, District Muzaffarpur. .... Respondent .... Opp. Party ====================================================== Appearance : For the Petitioner/s : Mr. For the Respondent/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE S.N. HUSSAIN and HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE S.N. HUSSAIN)
Considering the arguments made by the learned counsel for the petitioner and the statement made in this petition it appears that genuine reasons have been shown which prevented the petitioner from complying the said order fully as due to inadvertence and only grounds of review and certificate was filed
Patna High Court MJC No.2347 of 2013 (2) dt.14-05-2013
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within time on 20.03.2012 but affidavit in support of the grounds or supplementary affidavit along with the grounds of review could not be filed by mistake within time due to which the review petition was dismissed for default due to partial compliance.
In the said circumstances, petition is allowed. Civil Review No. 96 of 2011 is restored to its original file and number. However this order will be subject to full compliance of the said order dated 07.03.2012 by 19.06.2013.
(S.N. Hussain, J)
(Ahsanuddin Amanullah, J)
Anjani/-
1 issue framed by the court
Whether the petition for restoration of dismissed civil review is allowed on account of genuine reasons for default?
1 provisions across 1 enactments
Dr. Dileep Kumar Gupta
Kiran Devi
S.N. HUSSAIN
AHSANUDDIN AMANULLAH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
