The court allowed the petitioner's application directing that requisites filed for service of notice on the wrong party be treated as timely filed, subject to corrections within ten days.
Requisites filed for service of notice shall be treated to have been filed within time in respect of opposite party no. 4 subject to corrections within ten days.
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.1709 of 2014 In Miscellaneous Jurisdiction Case No. 5560 of 2012 ====================================================== Ram Bihari Jha .... .... Petitioner/s Versus The State of Bihar & Ors .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Hemant Kumar Jha For the Respondent/s : Mr. Rajiv Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 3 02-07-2014 Heard Mr. Jha for the petitioner and counsel for the State. MJC No. 5560 of 2012 stood dismissed as against opposite party no.4 for non compliance of the order dated 03.07.2013. By the said order this Court directed the petitioner to take steps for service of notice on opposite party no.4 by both modes for which requisites were directed to be filed within ten days.
Mr. Jha learned counsel for the petitioner referring to the statements made in para 2 of the application states that requisites were filed within time but inadvertently in place of opposite party no.4 the same was filed on opposite party no.5. It is, therefore, submitted that the petitioner or his advocate clerk be directed to make appropriate correction(s) in those requisites
Patna High Court MJC No.1709 of 2014 (3) dt.02-07-2014
2 / 2
which were filed well within time.
Having considered the facts stated in the application and submissions made in support thereof the same is allowed.
The requisites filed for service of notice as per order dated 03.07.2013 shall be treated to have been filed within time in respect of opposite party no.4 subject to condition that appropriate correction(s) are made in paper/requisites within ten days from today. Once such corrections are made the office will proceed accordingly.
(Kishore Kumar Mandal, J)
HR/-
U
1 issue framed by the court
Whether requisites filed for service of notice on opposite party no. 5 in place of opposite party no. 4 should be treated as filed within time.
Ram Bihari Jha
The State of Bihar
Ors.
Kishore Kumar Mandal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
