The Patna High Court dismissed a restoration petition regarding a defective pleading that was not fully cured within the prescribed time. The petitioner was granted liberty to file a fresh contempt petition.
Liberty granted to file a fresh contempt petition; restoration petition disposed of.
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Patna High Court MJC No.4279 of 2012 (4) dt.19-06-2013
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.4279 of 2012
====================================================== Devendra Prasad Sinha son of Late Ram Krit Sinha, resident of Village – Chaduara, P.S. – Poonpoon, Distt. Patna, Retired Head Clerk, Electric Supply Division, Patna Electric Supply Undertaking, Patna .... .... Petitioner/s Versus 1. Prabhat Kumar Rai, Chairaman, Bihar State Electricity Board, Patna 2. B. Jha, Director of Personnel, Personnel Department, Bihar 3. A.P. Sinha, the Senior Land Acquisition Officer-cum-Under Secretary, Bihar State Electricity Board, Patna 4. Sri K.K. Verma, the Secretary, Bihar State Electricity Board, Patna 5. Mukesh Kumar Sinha, the Joint Secretary, Bihar State Electricity Board, Patna 6. S.K.P. Singh, the General Manager-cum- Chief Engineer, Central Bihar Area, Electricity Board, Patna 7. M. Khan, the Electrical Executive Engineer, Construction Division, Patna Electric Supply Undertaking, Patna 8. Basant Kumar, the Electrical Executive Engineer, Electric Supply Division, Patna City, Patna 9. Chandra Shekhar Singh, the Electrical Executive Engineer, Electric Supply Division, Rajendra Nagar, Patna 10. B.K. Singh, the Electrical Superintending Engineer, Patna Electric Supply Undertaking (East) Division, Ashok Raj Path, Patna .... .... Opposite parties ====================================================== CORAM: HONOURABLE MR. JUSTICE V.N. SINHA ORAL ORDER 4 19-06-2013 In spite of the order of the High Court dated 08.05.2013 to remove the defect by 09.05.2013, defects have been partly removed, as counsel states that he has filed vakalatnama and did not remove the other defects, may be minor.
As the counsel has not removed all the defects within the time granted by the High Court, this Court is not inclined to entertain the restoration petition, which is, accordingly, disposed of granting liberty to the petitioner to file fresh contempt petition.
Arjun/-
(V.N. Sinha, J)
2 issues framed by the court
Whether the restoration petition should be entertained given non-removal of defects before the High Court.
Whether liberty should be granted to file a fresh contempt petition if the current one is dismissed.
Devendra Prasad Sinha
Prabhat Kumar Rai
V.N. Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
