The Court allowed condonation of delay for filing an MJC petition regarding restoration of an LPA dismissed for default. The restoration of LPA No. 1732 of 2012 was permitted without serving notices to respondents as State counsel appeared on their behalf.
Approx. 5 days delay for MJC petition condoned; L.P.A. No. 1732 of 2012 restored.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No. 2390 of 2013 In Letters Patent Appeal No. 1732 of 2012 In
Civil Writ Jurisdiction Case No. 9293 of 2004 With
Interlocutory Application No. 3929 of 2013
====================================================== Hirendra Prasad Yadav S/O Bhaju Prasad Yadav Resident Of VillageMahadeo Bigha, P.S.- Kurtha, District- Arwal, Present Address- Store Clerk, N.H. Division, Gopalganj At Dumariaghat, P.S.- Mahmadpur, District- Gopalganj.
.... .... Petitioner/s Versus
.... .... Opp. Party/s
====================================================== Appearance : For the Petitioner/s : Mr. For the Opp. Party/s : Mr.
====================================================== CORAM: HONOURABLE MR. JUSTICE S.N. HUSSAIN and HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH
ORAL ORDER
Patna High Court MJC No.2390 of 2013 (5) dt.24-06-2013
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(Per: HONOURABLE MR. JUSTICE S.N. HUSSAIN)
5 24-06-2013
Interlocutory Application No. 3929 of 2013
I.A. No. 3929 of 2013 has been filed by the petitioner
for condoning the delay in filing of the M.J.C. petition. Considering the averments made by learned counsel for the parties it appears that genuine reasons have been shown which prevented the petitioner from filing the M.J.C. petition earlier. Accordingly, this Interlocutory Application is allowed and delay in filing of the M.J.C. petition is condoned.
M.J.C. No. 2390 of 2013
Heard learned counsel for the petitioner and learned counsel for the opposite parties.
This petition has been filed for restoration of L.P.A. No. 1732 of 2012 which was dismissed for default due to noncompliance of the peremptory order dated 08.11.2012 by which one week time was allowed to the appellant to take steps for service of notice upon respondents by both process.
It is quite apparent from the records that in the said case respondents were either State of Bihar or its authorities and learned G.P. -9 was state counsel appearing in that case.
In the said circumstances, this petition is allowed. L.P.A. No. 1732 of 2012 is restored to its original file and number.
Patna High Court MJC No.2390 of 2013 (5) dt.24-06-2013
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Since learned Assistant Counsel to G.P.-9 is present before the Court and submits that he will be appearing on behalf of all the respondents in L.P.A., there is no occasion for sending any notice to the opposite parties.
(S.N. Hussain, J)
(Ahsanuddin Amanullah, J)
Anjani/-
2 issues framed by the court
Whether to allow condonation of delay in filing the Miscellaneous Jurisdiction Case petition.
Whether to allow restoration of the dismissed Letters Patent Appeal against default judgment.
Hirendra Prasad Yadav
The State Of Bihar
Works Commissioner, P.W.D.
The Engineer in Chief, P.W.D.
The Additional Secretary, P.W.D.
The Chief Engineer, P.W.D.
S.N. Hussain
Ahsanuddin Amanullah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
