Allowed

Dr.Madan Mohan Singh v. State of Bihar and Ors.

Patna HC24 Apr 2014MJC/2601/2000

Case brief

AI extract

What is this about?

The Patna High Court, via an oral order, condoned the delay in filing an M.J.C. application and restored a dismissed Letters Patent Appeal to the file after being satisfied about compliance with a peremptory order, and listed the appeal for admission.

What did the court decide?

Condation of delay granted; L.P.A. No. 45 of 1994 restored to original file; matter disposed of and listed for admission.

Dr.Madan Mohan Singh Vs State of Bihar and Ors. — Civil Procedure and Limitation | Patna HC (2014)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA

¶2

Miscellaneous Jurisdiction Case No.2601 of 2000

¶3

====================================================== Dr.Madan Mohan Singh

¶4

.... .... Petitioner Versus State of Bihar & Ors .... .... Opposite Parties ====================================================== Appearance : For the Petitioner : Mr. Anil Singh, Advocate For the Opposite Parties : N o n e

¶5

====================================================== CORAM: HONOURABLE MR. JUSTICE I. A. ANSARI

¶6

and

¶7

HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER (Per: HONOURABLE MR. JUSTICE I. A. ANSARI) 4 24-04-2014 Re: I.A. No.882 of 2002

¶8

Re: I.A. No.882 of 2002

¶9

I.A. No.882 of 2002 has been filed by the petitioner,

¶10

under Section 5 of the Limitation Act, seeking condonation of delay in preferring the present M.J.C. application against the order, dated 21.04.1995, passed by a Division Bench of this Court in L.P.A. No.45 of 1994.

¶11

Heard learned counsel for the petitioner. None has appeared on behalf of the opposite parties, though notices stand served on them.

¶12

Having considered the reasons assigned in the present petition seeking condonation of delay, in preferring the M.J.C. application, and having heard the learned counsel for the petitioner, this Court is satisfied that the petitioner was prevented by sufficient causes from preferring the M.J.C. application within time.

¶13

Patna High Court MJC No.2601 of 2000 (4) dt.24-04-2014

¶14

2/2

¶15

In view of the above, the delay in preferring the M.J.C. application, is hereby condoned. I.A. No.882 of 2002 shall stand disposed of.

¶16

Re : M.J.C. No. 2601 of 2000

¶17

By making this M.J.C. application, the petitioner has sought for restoration of L.P.A. No.45 of 1994 which stood dismissed on 12.5.1995 for part non-compliance of peremptory order , dated 21.04.1995.

¶18

Heard learned counsel for the petitioner.

¶19

Having considered the averments made in the M.J.C. application and having heard the learned counsel for the petitioner, this Court is satisfied that the petitioner has complied with the peremptory order, dated 21.04.1995, passed in L.P.A. No.45 of 1994.

¶20

In view of the above and in the interest of justice, the restoration application is allowed and L.P.A. No.45 of 1994, aforementioned, is hereby restored to its original file.

¶21

This M.J.C. application shall, accordingly, stand disposed of.

¶22

Let the connected Letters Patent Appeal come up under the heading “For Admission” on 05^th of May, 2014.

¶23

(I. A. Ansari, J)

¶24

PNM

¶25

(Samarendra Pratap Singh, J)

Dr.Madan Mohan Singh v. State of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

Dr.Madan Mohan Singh v. 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

Parabhunath Singh Vs the State of Bihar and Ors.

Pallavi Sinha Vs The Central Board Of Secondary Education, Aieee Unit, Delhi and Ors.

Manoj Mahto Vs The State Of Bihar

Bihar State Housing Board and Anr. Vs The State Of Bihar and Ors.

M/S S.M.Khalil Ahmad and Sons Vs the Union of India and Ors.

Branch Manager,Agriculture Dev Vs Jai Nath Prasad and Ora