Petitioner sought extension of time for filing notices due to clerical error regarding the deadline. High Court granted extension and restored the case to original file.
Time for filing notices extended till 22.12.2011; requisites treated within time; case restored to original file.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.5982 of 2011
====================================================== Pankaj Kumar .... .... Petitioner/s Versus The Stae Of Bihar & Ors .... .... Respondent/s ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA ORAL ORDER 3 13-02-2013 Heard learned counsel for the petitioner and learned counsel for the State.
Learned counsel for the petitioner submits that due to inadvertence the petitioner’s counsel was under the impression that notices issued to respondent nos. 11 and 12 by order dated 7.12.2011 passed in CWJC No. 3630 of 2011 was to be complied by filing requisites within three weeks whereas only one week’s peremptory time had been allowed.
The notices were therefore, filed on 22.12.2011 on which date the delay in filing the same was also informed by the counsel’s clerk and was verified.
On a consideration of the entire facts and circumstances of the case, the time for filing of notices is extended till 22.12.2011 and the requisites filed are, accordingly, directed to be treated as within time granted by this Court.
CWJC no. 3630/2011 shall therefore, stand
Patna High Court MJC No.5982 of 2011 (3) dt.13-02-2013
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restored to its original file.
The restoration application is, accordingly,
allowed.
Office is directed to issue the notices.
S.Pandey/- (Ramesh Kumar Datta, J)
1 issue framed by the court
Whether the petitioner's delayed filing of notices required to be extended given the inadvertent mistake regarding the timeline?
Pankaj Kumar
The State of Bihar
Ramesh Kumar Datta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
