The High Court of Patna recalled an order dated April 11, 2012, summarily rejected a review petition deemed as an attempt for rehearing on merits, and disposed of the miscellaneous jurisdiction case in an oral order.
Order dated 11th April 2012 recalled; Civil Review No. 340 of 2011 resorted to registry; M.J.C. disposed.
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.3856 of 2013
In
Civil Review No. 340 of 2011
In
Letters Patent Appeal No. 1000 of 2011
In
Civil Writ Jurisdiction Case No. 5942 of 2010
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Both are resident of Village - Bara, P.O. - Ekma, P.S. - Supaul, District - Supaul.
.... .... Petitioners
Versus
.... .... Opposite Parties-Respondents
====================================================== Appearance :
For the Petitioners : Mr. Subash Chandra Yadav, Advocate For the Respondents : -----
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
And
HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
Patna High Court MJC No.3856 of 2013 (5) dt.14-05-2014
2 / 2
interest of justice the application is allowed.
Order dated 11th April 2012 made in Civil Review No. 340 of 2011 is recalled.
Civil Review No. 340 of 2011 is resorted to the files of the Registry.
The M.J.C. stands disposed of in above terms.
Civil Review No. 340 of 2011
The defects stand dispensed with.
This Petition for review has been made by the appellants for review of the order dated 15th July 2011 made by a Bench of this Court in Letters Patent Appeal No. 1000 of 2011 arising from C.W.J.C. No. 5942 of 2010.
No ground for review is made out. In the guise of review application, the appellants want rehearing of the Appeal on merits. Such review is clearly not maintainable.
Review petition is summarily rejected.
(R.M. Doshit, CJ)
(Ashwani Kumar Singh, J)
Sanjeet/-
2 issues framed by the court
Whether a petition seeking rehearing on merits in guise of a review application is maintainable.
Whether order dated 11th April 2012 in Civil Review No. 340 of 2011 should be recalled.
Triful Devi
Sunaina Kumari
The State of Bihar
The Education Commissioner
The Director, Primary Education Bihar
District Superintendent of Education
The Chief Justice
Ashwani Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
