In this miscellaneous jurisdiction case, the Patna High Court allowed the petitioner's application for restoring a discontinued private case, extending the deadline to file compliance requisites subject to a cost deposit.
Extension of time to 20.11.2013 subject to deposit of cost of Rs. 250 and filing receipt within seven days.
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.5826 of 2013
In
Miscellaneous Jurisdiction Case No. 84 of 2012
====================================================== Kamaldeo Singh S/O Late Janardan Singh Resident Of Village Muthawali, P.O. Muthwalia, P.S. Revilganj, District Saran.
.... .... Petitioner/s Versus 1. The Estate Of Jamuna Singh S/O Late Radha Raman Singh Resident Of Village Muthawalia, P.O. Muthawalia, P.S. Revelganj, District Saran. 2. Om Prakash Singh S/O Shambhu Dayal Singh Resident Of Muthawalia, P.O. Muthawalia, P.S. Revelganj, District Saran, Presently Resident Of Mainatad Chhath Talab, P.S. Dhansar, District Dhanbad (Jharkhand). 3. Jai Prakash Singh S/O Shambhu Dayal Singh Resident Of Muthawalia, P.O. Muthawalia, P.S. Revelganj, District Saran, Presently Resident Of Mainatad Chhath Talab, P.S. Dhansar, District Dhanbad (Jharkhand). 4. Satya Prakash Singh S/O Shambhu Dayal Singh Resident Of Muthawalia, P.O. Muthawalia, P.S. Revelganj, District Saran, Presently Resident Of Mainatad Chhath Talab, P.S. Dhansar, District Dhanbad (Jharkhand). 5. Purushotam Singh S/O Late Radha Raman Singh (Now Deceased) Proposed Heir Widow Shyam Sundar Kuar Resident Of Village And P.O. Muthwalia, P.S. Revelganj, District Saran. 6. Mosmat Ram Dulari Kuar W/O Late Manido Singh Resident Of Village And P.O. Muthwalia, P.S. Revelganj, District Saran. 7. Sarbdeo Singh S/O Janardan Singh Resident Of Village And P.O. Muthwalia, P.S. Revelganj, District Saran. .... ....Opposite parties ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 3 05-03-2014 Heard counsel for the petitioner and opposite party nos. 2 to 4. This application seeks restoration of MJC 5284 of 2012 which stood dismissed as against opposite party nos.6 and 7 for non compliance of the order dated 18.04.2013. Learned counsel for the petitioner submits that on the day when the order was passed the list could not be marked and as
Patna High Court MJC No.5826 of 2013 (3) dt.05-03-2014
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such the requisites were not filed within time. However, the requisites have already been filed on 20.11.2013. It has also been stated that the aforesaid MJC No.5284 of 2012 arises out of F.A. No.94 of 2006 filed by the petitioner challenging the order passed in a probate proceeding. The contempt application even as per the order dated 18.04.2013 survives as against opposite party nos. nos.2 to 4.
Counsel for opposite party nos. 2 to 4, on the other hand, submits that the petitioner is adopting dilatory attitude/tactics.
Be that as it may, having regard to the facts stated in the application and submissions made in support thereof, this Court is satisfied that the present application deserves to be allowed in the following term:-
The time granted under order dated 18.04.2013 stands extended to 20.11.2013 subject to deposit of cost of Rs. 250/with the Patna High Court, Legal Services Committee and file receipt thereof within seven days.
(Kishore Kumar Mandal, J)
HR/-
1 issue framed by the court
Whether the present application for restoration of a discontinued miscellaneous case deserves to be allowed given the filing of requisites.
Kamaldeo Singh
The Estate Of Jamuna Singh
Om Prakash Singh
Jai Prakash Singh
Satya Prakash Singh
Mosmat Ram Dulari Kuar
Kishore Kumar Mandal
As recorded by the court registry
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