Petition for restoration of dismissed Letters Patent Appeal allowed. Court held petitioner complied with peremptory order and restored appeal to original file and number.
Petition for restoration allowed; Letters Patent Appeal No. 1407 of 2012 restored to original file and number.
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. 828 of 2013
In
Letters Patent Appeal No. 1407 of 2012
====================================================== Jagdeo Paswan S/O Late Ramkishun Ram, resident of Mohalla-Ramlakhan Singh Path, Vishnupuri, Chitkohra, P.S. Gardanibagh, District- Patna. .... .... Petitioner Versus 1. The State of Bihar through its Home Secretary, Deptt. of Home, Govt. of Bihar, Patna. 2. The District Magistrate, & Collector, Patna. 3. The Sub-Divisional Officer, Patna Sadar, Patna.
.... .... Opposite Parties
====================================================== Appearance : For the Petitioner : Mr. For the Opposite Parties : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE S.N. HUSSAIN and
HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE S.N. HUSSAIN)
4. 09-05-2013 This petition has been filed by the petitioner for restoration of Letters Patent Appeal No.1407 of 2012 which was dismissed for default due to non-compliance of peremptory order dated 25.09.2012 by which notices were directed to be issued to respondent no. 4 and the petitioner was also directed to serve a copy of memo of appeal in the office of the Advocate General and receipt showing the same was to be filed within one week.
Patna High Court MJC No.828 of 2013 (4) dt.09-05-2013
2/2
requisites for issuance of notice upon respondent no. 4 were filed within the time granted by the Court, but a copy of the of the memorandum of appeal was served in the office of Advocate General belatedly three days after the expiry of the time granted by the Court.
(S.N. Hussain, J)
Anand Kr.
1 issue framed by the court
Whether the Letters Patent Appeal can be restored after procedural default due to belated compliance.
Jagdeo Paswan
The State of Bihar through its Home Secretary, Deptt. of Home, Govt. of Bihar, Patna
The District Magistrate, & Collector, Patna
The Sub-Divisional Officer, Patna Sadar, Patna
Tapeshwar Prasad
S.N. Hussain
Ahsanuddin Amanullah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
