Maj. J. I. A. Ansari and J. Samarendra Pratap Singh allowed the restoration of L.P.A. No. 545 of 2006 which was dismissed for default, finding the absence was due to reasons beyond control.
L.P.A. No. 545 of 2006 is restored to its original file.
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.2547 of 2007
====================================================== Chairman, Bihar State Electricity Board & Ors. .... .... Petitioners Versus Sneh Lata Gupta .... .... Opposite Party ====================================================== Appearance : For the Petitioners : Mr. Vinay Kirti Singh, Advocate For the Opposite Party : N o n e ====================================================== CORAM: HONOURABLE MR. JUSTICE I. A. ANSARI and HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER (Per: HONOURABLE MR. JUSTICE I. A. ANSARI) 6 11-04-2014 By making this miscellaneous application, the petitioners have sought for restoration of L.P.A. No. 545 of 2006, which was dismissed for default on 26.09.2007.
Heard Mr. Vinay Kirti Singh, learned counsel for the appellant-petitioners. None has appeared on behalf of the opposite party.
Having considered the averments made in the application and having heard the learned counsel for the petitioners, we are satisfied that the absence of the appellantpetitioners and/or their counsel from the Court on 26.09.2007 was for reasons beyond their control.
In view of the above and in the interest of justice, the restoration application is allowed and L.P.A. No. 545 of 2006 aforementioned is hereby restored to its original file.
Patna High Court MJC No.2547 of 2007 (6) dt.11-04-2014
2/2
This Miscellaneous Case shall, accordingly, stand
disposed of.
(I. A. Ansari, J)
(Samarendra Pratap Singh, J)
PNM
2 issues framed by the court
Whether to restore a civil application dismissed ex parte for default
Whether reasons beyond the control of petitioners entitle them to relief
Chairman, Bihar State Electricity Board and Ors.
Sneh Lata Gupta
I. A. Ansari
Samarendra Pratap Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
