Allowed
Aftab Alam v. Ladli Begum
Patna HCMJC/4750/2012
Case brief
AI extract
What is this about?
In this miscellaneous petition, the High Court of Patna allowed the restoration of Monetary Appeal No. 153 of 2011 which had been dismissed for default due to the non-appearance of the petitioner's counsel on the date of hearing.
What did the court decide?
M.A. No. 153 of 2011 is restored to its original file and number.
What the court decided
AI extract
¶1
| IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.4750 of 2012 ====================================================== |
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|---|---|
Aftab Alam S/O Jahiruddin Miyan R/O Vill. + P.O. Indrwa, P.S. + Distt.– Gopalganj .... .... Petitioner Versus Ladli Begum D/O Sagir R/O Village - Miralipur, P.S. Thawe, Distt.– Gopalganj .... .... Opposite Party ====================================================== |
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| Appearance : For the Petitioner/s : Mr. Jitendra Kumar Shrivastwa For the Respondent/s : Mr. |
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| ====================================================== CORAM: HONOURABLE MR. JUSTICE S.N. HUSSAIN and HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER (Per: HONOURABLE MR. JUSTICE S.N. HUSSAIN) |
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| 4 |
08-05-2013 This petition has been filed by the petitioner for |
| restoration of M.A. No. 153 of 2011, which was dismissed for | |
| default when no one appeared to press the said appeal on 04.09.2012. |
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| 3. Considering the averments made by learned counsel | |
| for the petitioner and the statements made in this petition, it | |
| appears that some reasons have been shown, which prevented | |
| learned counsel for the appellant from appearing in Court on the said date. |
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| 4. Accordingly, this petition is allowed and M.A. No. 153 of 2011 is restored to its original file and number. |
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| MPS/- | (S.N. Hussain, J) |
| (Ahsanuddin Amanullah, J) |
Issues for consideration
2 issues framed by the court
AI extract
Whether a monetary appeal dismissed for default can be restored upon showing reasonable cause.
Whether the petitioner has established sufficient grounds for restoration despite the failure to appear.
Parties & counsel
AI extract
- petitioner
Aftab Alam
- respondent
Ladli Begum
Coram
AI extract
S.N. Hussain
Case details
As recorded by the court registry
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