Allowed

Ram Vinay Roy and Ors. v. the State of Bihar and Ors.

Patna HC19 Jun 2013C. REV./325/2010

Case brief

AI extract

What is this about?

The High Court ordered review and recall of an order of dismissal by default in Labour Appeal No.1110 of 2004, allowing the civil review petition so that the appellants could appear and press their appeal on merits.

What did the court decide?

The L.P.A. No. 1110 of 2004 order under review is reviewed and recalled to enable hearing; the Civil Review Petition is allowed.

Ram Vinay Roy and Ors. Vs the State of Bihar… — Civil Procedure and Limitation | Patna HC (2013)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Review No.325 of 2010

¶2

======================================================

¶3

RAM VINAY ROY SON OF LATE CHITAN RAI, REISEDENT OF VILLAGE PAVITRA NAGAR, POST. OFFICE, HARNAHI, P.S. SHEOHAR, DISTT.SHEOHAR, AN EMPLOYEE OF BIHAR STATE AGRO INDUSTRIES DEVELOPMENT CORPORATION LTD. SINHA LIBRARY ROAD, PATNA. ON DEPUTATION TO BIHAR STATE HYDROELECTRIC POWER CORPORATION LTD. SONE BHAWAN, BIRCHAND PATEL MARG, PATNA.

¶4

JAIRAM CHAUDHARY SON OF KEDAR CHAUDHARY, RESIDENT OF MOHALLA YADUBANSHI NAGAR, P.O. DIGHAGHAT, P.S. DIGHA, DISTT. PATNA, AN EMPLOYEE OF BIHAR STATE AGRO INDUSTRIES DEVELOPMENT CORPORATION LIMITED, SINHA LIBARARY ROAD, PATNA. ON DEPUTATION TO BIHAR STATE HYDROELECTRIC POWER CORPORATION LTD. SONE BHAWAN, BIRCHAND PATEL MARG, PATNA.

¶5

DEVENDRA PRASAD SINGH SON OF LATE KAMLA SINGH, RESIDENT OF MOHALLA DIGHAGHAT ( AKHARA ROAD), P.O. DIHGA GHAT, P.S. DIGHA, PATNA, AN EMPLYEE OF BIHAR STATE AGRO INDUSTRIES DEVELOPMENT CORPORATION LIMITED, SINHA LIBRARY ROAD, PATNA. ON DEPUTATION OF BIHAR STATE HYDRO ELECTRIC POWER CORPORATION LIMITED, SONE BHAWAN, BIRCHAND PATEL MARG, PATNA.

¶6

SHYAMDEO PRASAD SON OF LATE MOHIT RAI, RESIDENT OF VILLAGE MAKHDUMPUR, P.O. DIGHA GHAT, P.S. DIGHA, DIST. PATNA, AN EMPLYEE OF BIHAR STATE AGRO INDUSTRIES DEVELOPMENT CORPORATION LIMITED, SINHA LIBRARY ROAD, PATNA. ON DEPUTATION TO BIHAR STATE HYDRO ELECTRIC POWER CORPORATION LIMITED, SONE BHAWAN, BIRCHAND PATEL MARG, PATNA.

¶7

CHANDRA KANT LAL DAS SON OF LATE KALA NANDLAL DAS, RESIDENT OF MOHALLA NEPALI NAGAR, DIGHA ASHIANA ROAD, P.O. ASHIANA NAGAR, P.S. DIGHA, DISTT. PATNA, AN EMPLOYEE OF BIHAR STATE AGRO INDUSTRIES DEVELOPMENT CORPORATION LIMITED, SINHA LIBRARY ROAD, PATNA, ON DEPUTATION TO BIHAR STATE HYDRO ELECTRIC POWER CORPORATION LIMITED, SONE BHAWAN, BIRCHAND PATEL MARG, PATNA.

¶8

SHRINATH RAI SON OF BHOLA RAI, RESIDENT OF MOHALLA DIGHA GHAT, HARIPUR COLONY, POST OFFICE DIGHA GHAT, P.S. DIGHAGHAT, DISTT. PATNA. , AN EMPLOYEE OF BIHAR STATE AGRO INDUSTRIES DEVELOPMENT CORPORATION LIMITED, SINHA LIBRARY ROAD, PATNA ON DEPUTATION TO BIHAR STATE HYDRO ELECTRIC POWER CORPORATION LIMITED, SONE BHAWAN, BIRCHAND PATEL MARGPATNA.

¶9

HIRA MANI DEVI WIFE OF LATE UPENDRA PRASAD SINGH, RESIDENT OF VILLAGE RAJEYAN, P.O. RAJEYAN, P.S. PIRO, DISTT. BHOJPUR, AN EMPLOYEE OF BIHAR STATE AGRO INDUSTRIES DEVELOPMENT CORPORATION LIMITED, SINHA LIBRARY ROAD, PATNA, ON DEPUTATION TO BIHAR STATE HYDRO ELECTRIC POWER CORPORATION LIMITED, SONE BHAWAN, BIRCHAND PATEL MARG, PATNA.

¶10

SACHCHIDANAND RAI, SON OF RAM KRIPAL RAI, RESIDENT OF VILLAGE NAKATA DIYARA, P.O. DIGHA, P.S. DIGHA, DISTT. PATNA., AN EMPLOYEE OF BIHAR STATE AGRO INDUSTRIES DEVELOPEMTN CORPCPORATION LIMITED, SINHA LIBRARY ROAD , PATNA. ON DEPUTATION TO BIHAR

¶11

Patna High Court C. REV. No.325 of 2010 (7) dt.19-06-201

¶12

2/3

¶13

STATE HYDRO ELECTRIC POWER CORPORATION LIMITED, SONE BHAWAN, BIRCHAND PATEL MARG, PATNA……. APPELLANTS

¶14

Versus

¶15

THE STATE OF BIHAR THROUGH ITS CHIEF SECRETARY, GOVT. OF BIHAR, PATNA.

¶16

THE BIHAR STATE HYDRO ELECTRIC POWER CORPORATION LMITED THROUGH THE MANAGING DIRECTOR, HAVING HIS OFFICE AT SONE BHAWAN, 2ND FLOOR, BIHARCHAND PATEL MARG, PATNA.

¶17

THE MANAGING DIRECTOR, BIHAR STATE HYDRO ELECTRIC POWER CORPORATION LIMITED, SONE BHAWAN, SECOND FLOOR, BIRCHAND PATEL MARG, PATNA.

¶18

THE MANAGER ( PERSONNEL AND ADMINISTRATION), BIHAR STATE HYDRO ELECTRIC POWER CORPORATION LIMITED, SONE BHAWAN, 2ND FLOOR, BIR CHAND PATEL MARG, PATNA.

¶19

THE ASSISTANT MANAGER ( ACCOUNTS ), BIHAR STATE HYDRO ELECTRIC CORPORATION LIMITED, SONE BHAWAN , 2ND FLOOR, BIRCHAND PATEL MARG, PATNA.

¶20

THE BIHAR STATE AGRO INDUSTRIES DEVELOPMENT CORPORATION LIMITED , THROUGH ITS MANAGING DIRECTOR, SINHA LIBRARY ROAD, PATNA. 7. THE MANAGING DIRECTOR, BIHAR STATE AGRO INDUSTRIES DEVELOPMENT CORPORATION LIMITED, SINHA LIBRARY ROAD, PATNA. 8 .THE SECRETARY, BIHAR STATE AGRO INDUSTRIES DEVELOPMENT CORPORATION LIMITED, SINHA LIBRARY ROAD, PATNA

¶21

…………. OPPOSITE PARTIES

¶22

====================================================== Appearance :

¶23

For the Petitioners : Mr. Raju Giri, Advocate For the Corporation : Mr. Awanish Nandan Sinha, Advocate For the State : Mr. Manoj Kumar Sinha, A.C. to G.A.10

¶24

====================================================== CORAM: HONOURABLE MR. JUSTICE S.N. HUSSAIN and

¶25

HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER

¶26

(Per: HONOURABLE MR. JUSTICE S.N. HUSSAIN)

¶27

7 19-06-2013 Heard learned counsel for the petitioners and learned counsel for the opposite parties.

¶28

From paragraph 25 of the order under review dated

¶29

19.04.2010, it transpires that L.P.A. No. 1110 of 2004, out of which this civil review petition has arisen, was dismissed on two grounds; firstly for default due to non-appearance of learned

¶30

counsel for the appellants and secondly on merit.

¶31

Patna High Court C. REV. No.325 of 2010 (7) dt.19-06-201

¶32

3/3

¶33

Law is well-settled that if the appellant fails to press any appeal, it can be dismissed for default, but for deciding it on merit, the appellant must be heard.

¶34

In the said circumstances, without going into the merit or otherwise of the points discussed in the said order, the same is hereby reviewed and recalled so far as it concerns L.P.A. No. 1110 of 2004 to enable the Court to hear learned counsel for the appellants and pass an appropriate order in the said appeal.

¶35

However, if the appellants fail to appear to press the appeal when it is called out for hearing in admission matter, the Court will be always at liberty to dismiss the appeal for default.

¶36

Accordingly, this Civil Review petition is allowed.

¶37

(S.N. Hussain, J)

¶38

MPS/-

¶39

(Ahsanuddin Amanullah, J)

Ram Vinay Roy and Ors. v. the State of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

Ram Vinay Roy and Ors. v. the State of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Pradeep Kr. @ Pradeep Kumar Sa Vs the State of Bihar and Ors.

Ramphal Mandal Vs The T.m.bhagalpur University and Ors.

Perwaiz Ashraff Vs Shri Binay Mittal and Ors.

Shyam Nandan Prasad Singh @Shy Vs the State of Bihar and Ors.

Laxmi Kant Roy Vs The State Of Bihar and Ors.

Sanjay Kumar Pandey Vs State Of Bihar and Anr.