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The State of Bihar and Ors. v. Prem Kumar Pandit

Patna HC25 Mar 2014MJC/543/2007

Case brief

AI extract

What is this about?

The High Court at Patna condoned the delay in filing a miscellaneous case to restore a dismissed Letters Patent Appeal. The court held that sufficient causes existed for the delay and that the absence of the appellant was for reasons beyond control, thus setting aside the dismissal order.

What did the court decide?

Delay of 30 days condoned; the order dismissing the Letters Patent Appeal set aside and appeal restored to original file.

The State of Bihar and Ors. Vs Prem Kumar Pandit — Civil Procedure and Limitation | Patna HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.543 of 2007

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====================================================== The State Of Bihar & Ors .... .... Petitioner/s Versus Prem Kumar Pandit .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. M.Rukhaiyar, JC to GA 5. For the Respondent/s : Mr. Sunil Kr.Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE I. A. ANSARI and HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER (Per: HONOURABLE MR. JUSTICE I. A. ANSARI) 7 25-03-2014 I.A. has been filed by the appellants, under section 5 of the Limitation Act, seeking condonation of delay of 30 days in preferring the present Miscellaneous Jurisdiction Case against the order, dated 21.6.2006, passed in Letters Patent Appeal No.72 of 2006.

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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 appellants were prevented by sufficient causes from preferring the Miscellaneous Jurisdiction Case within time.

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In view of the above, the delay of 30 days, in preferring the Miscellaneous Jurisdiction Case, is hereby

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Patna High Court MJC No.543 of 2007 (7) dt.25-03-2014

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2/2

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condoned.

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I.A. No. 4187 of 2007 shall stand disposed of.

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By making this Miscellaneous Jurisdiction Case, the petitioner has sought for restoration of Letters Patent Appeal No. 72 of 2006, which was dismissed for non-prosecution on 21.6.2006.

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Having considered the averments made in the application and having heard learned counsel for the parties, we are satisfied that the absence of the applicants and /or their counsel from the Court on 21.6.2006 was for reasons beyond their control.

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In view of the above and in the interest of justice, the order, dated 21.6.2006 aforementioned, is hereby set aside and Letters Patent Appeal No.72 of 2006 is hereby restored to its original file.

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(I. A. Ansari, J)

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(Samarendra Pratap Singh, J)

¶14

Shashi.

The State of Bihar and Ors. v. Prem Kumar Pandit

Case brief

What is this about?

What did the court decide?

The State of Bihar and Ors. v. Prem Kumar Pandit

Case brief

What is this about?

What did the court decide?

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