In this oral order, the Patna High Court allowed a restoration application filed for second appeal No.331 of 2009. The court accepted the counsel's explanation of illness preventing appearance and restored the dismissed appeal to the file.
Restoration of second appeal No.331 of 2009 to its original file.
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.
Patna High Court MJC No.3350 of 2012 (3) dt.14-01-2013
| IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.3350 of 2012 ====================================================== |
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Manoj Kumar .... .... Petitioner/s Versus Shri Durga Narayan Shrivastava .... .... Respondent/s ====================================================== |
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| Appearance : For the Petitioner/s : Mr. Kumod Kumar Shrivastaw For the Respondent/s : Mr. Kumod Kumar Shrivastaw |
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| ====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER |
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| 3 | 14-01-2013 Heard the learned counsel for the petitioner. |
| This restoration application has been filed by the petitioners for | |
| restoration of second appeal No.331 of 2009 which was dismissed for not prosecution of order dated 19.6.2012. |
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| The learned counsel for the petitioner submitted that because of illness | |
| on that day, the learned counsel could not come to the Court. Therefore, | |
| when the second appeal is called on for hearing under Order 41 Rule 11 C.P.C., no body turned up. |
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| In view of the above submission of the learned counsel for the petitioner, I am satisfied that the petitioner was prevented by sufficient cause from not appearing before the Court when the second appeal was called on |
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| for hearing under Order 41 Rule 11 C.P.C. Accordingly, this M.J.C. | |
| (restoration application) is allowed and the second appeal No.331 of 2009 is | |
| restored to its original file. |
(Mungeshwar Sahoo, J)
Sanjeev/-
1 issue framed by the court
Whether the second appeal No.331 of 2009 should be restored due to inability of counsel to appear due to illness.
1 provisions across 1 enactments
Manoj Kumar
Shri Durga Narayan Shrivastava
MUNGESHWAR SAHOO
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
