The Patna High Court allowed a petition for restoration of L.P.A. No.1107 of 2012 dismissed for default. The court accepted genuine reasons for the delay in filing the service receipt and restored the appeal to the original file.
L.P.A. No.1107 of 2012 is restored to its original file and number; liberty granted to seek early hearing date.
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.4749 of 2012
In
Letters Patent Appeal No.1107 of 2012
In
Civil Writ Jurisdiction Case No.9066 of 2009
======================================================
.... .... Petitioners
Versus
Gurbaksh Singh Saluja, S/o Late Mehar Singh, R/o Machuatoli, P.S. Pirbahore, District – Patna.
.... .... Opposite party
====================================================== Appearance :
For the Petitioners : Mr. Suresh Kumar, Advocate. For the Opposite party : Mr. Manoj Kumar, Advocate.
====================================================== CORAM: HONOURABLE MR. JUSTICE S.N. HUSSAIN
and
HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE S.N. HUSSAIN)
Patna High Court MJC No.4749 of 2012 (4) dt.07-05-2013
2
to serve copies of memorandum of appeal along with annexures upon learned counsel for the respondents.
(S.N. Hussain, J)
(Ahsanuddin Amanullah, J)
Harish/-
1 issue framed by the court
Whether to restore a Letters Patent Appeal dismissed for default due to delayed filing of service receipt.
The State of Bihar and Others
Gurbaksh Singh Saluja
S.N. Hussain
Ahsanuddin Amanullah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
