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Sita Ram Choudhary v. Bihar Intermediate Education C

Patna HC25 Mar 2014MJC/2534/2007

Case brief

AI extract

What is this about?

On March 25, 2014, the Patna High Court condoned a 17-day delay in filing a Miscellaneous Jurisdiction Case and restored Letters Patent Appeal No.562 of 2007, setting aside an order dated August 23, 2007, dismissing the appeal due to default and lack of counsel.

What did the court decide?

Delay of 17 days condoned; Order dated 23.8.2007 set aside; Letters Patent Appeal No.562 of 2007 restored.

Sita Ram Choudhary Vs Bihar Intermediate… — Civil Procedure and Limitation | Patna HC (2014)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.2534 of 2007

¶2

	====================================================== Sita Ram Choudhary .... .... Petitioner/s Versus Bihar Intermediate Education C .... .... Respondent/s ======================================================
	Appearance : For the Petitioner/s : Mr. Rabindra Kumar Tiwary For the Respondent/s : Mr.
	====================================================== CORAM: HONOURABLE MR. JUSTICE I. A. ANSARI and HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER (Per: HONOURABLE MR. JUSTICE I. A. ANSARI)
5	25-03-2014 I.A. has been filed by the appellant, under section 5 of the
	Limitation Act, seeking condonation of delay of 17 days in
	preferring the present Miscellaneous Jurisdiction Case against
	the order, dated 23.8.2007, passed in Letters Patent Appeal No.562 of 2007.
	Having considered the reasons assigned in the present petition seeking condonation of delay, in preferring appeal, and
	having heard the learned counsel for the parties, this Court is
	satisfied that the appellant was prevented by sufficient causes from preferring the Miscellaneous Jurisdiction Case within time.
	In view of the above, the delay of 17 days, in
	preferring the Miscellaneous Jurisdiction Case, is hereby condoned.

¶3

Patna High Court MJC No.2534 of 2007 (5) dt.25-03-2014

¶4

2/2

¶5

I.A. No. 688 of 2008 shall stand disposed of.

¶6

By making this Miscellaneous Jurisdiction Case, the petitioner has sought for restoration of Letters Patent Appeal No. 562 of 2007, which was dismissed for default on 23.8.2007.

¶7

Having considered the averments made in the application and having heard learned counsel for the parties, we are satisfied that the absence of the applicant and /or his counsel form the Court on 23.8.2007 was for reasons beyond their control.

¶8

In view of the above and in the interest of justice, the order, dated 23.8.2007 aforementioned, is hereby set aside and Letters Patent Appeal No.562 of 2007 is hereby restored to its original file.

¶9

(I. A. Ansari, J)

¶10

(Samarendra Pratap Singh, J)

¶11

Shashi.

Sita Ram Choudhary v. Bihar Intermediate Education C

Case brief

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Sita Ram Choudhary v. Bihar Intermediate Education C

Case brief

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