This miscellaneous jurisdiction order allowed restoration of a pending Civil Revision Application against specific respondent parties by modifying a prior peremptory order that had previously caused dismissal.
The peremptory order is modified and the Civil Revision application is restored against opposite party nos. 6 and 7.
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.4154 of 2011
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Ganesh Khirhary son of Late Jagarnath Khirhari, resident of village/ Mohalla – Paschim Azimganj Kotwali, Kharagpur, P.S. Kharagpur, District Munger.
.... .... Plaintiff-Appellant-Petitioner-Petitioner
Versus
All resident of Mohall Paschim Azimganj, Haweli Kharagpur, P.S. Kharagpur, District Munger. All heirs of Defendant Ist Party. Respondent Ist Party. …Opposite Ist Party
7(a) Manoj Khirharay 7(b) Saroj Khierharay
Both sons of Late Baijnath Khirhary, Resident of Mohalla Paschim Azimganj Haweli Kharagpur, P.S. Kharagpur, District Munger
.... ....Defendant IInd –Respodnent IInd –Opposite Party IInd set Opposite parties
====================================================== Appearance :
For the Petitioner : Mr. Rajeev Kumar Sinha, Advocate For Opposite Parties : Mr. Ashok Kumar, Advocate
====================================================== CORAM: HONOURABLE MR. JUSTICE JAYANANDAN SINGH ORAL ORDER
13 13-11-2013 Learned counsel for the petitioner submits that the main civil revision, namely, Civil Revision No.1999 of 2008 is pending against opposite party nos.1 to 5. However, the same stood dismissed as against opposite party nos. 6 and 7 due to non-compliance of a peremptory order.
Hence this application has been filed for restoration of the civil revision application against opposite party nos. 6 and 7 also.
For the reasons stated in this application, the same is
Patna High Court MJC No.4154 of 2011 (13) dt.13-11-2013
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allowed. Peremptory order is modified and the said Civil Revision application is restored as against opposite party nos. 6 and 7 also.
B.T/-
(Jayanandan Singh, J)
1 issue framed by the court
Whether to allow restoration of the civil revision application against opposite parties 6 and 7 after dismissal on non-compliance grounds.
Ganesh Khirhary
Dilip Kumar Paul
Jayanandan Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
