Hon'ble Patna High Court condoned a 28-day delay in filing a miscellaneous application for restoration of a dismissed civil appeal. The court also set aside the default dismissal order, restoring the appeal to the file.
Condoned 28-day delay; set aside order dated 25.09.2012; restored L.P.A. No. 1150 of 2012 to file.
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Patna High Court MJC No.6016 of 2012 (5) dt.11-03-2014
IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.6016 of 2012
====================================================== Md. Israil .... .... Petitioner/s Versus The State Of Bihar & Ors .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Amarendra Narayan For the Respondent/s : Mr. Lalit Kishor Aag1 ====================================================== CORAM: HONOURABLE MR. JUSTICE I. A. ANSARI and HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER (Per: HONOURABLE MR. JUSTICE I. A. ANSARI)
5 11-03-2014 I.A. No. 1578 of 2014 has been filed by the appellant, under Section 5 of the Limitation Act, seeking condonation of delay of 28 days in preferring this Misc. application for setting aside the order, dated 25.09.2012, passed in L.P.A. No. 1150 of 2012.
Heard Mr. Amarendra Narayan, learned Counsel for the appellant and learned Counsel appearing on behalf of the respondents.
Having considered the reasons assigned in the present interlocutory application and having heard Counsel for the parties, this Court is satisfied that the appellant was prevented by sufficient causes from preferring the Misc. application within time.
In view of the above, the delay of 28 days, in
Patna High Court MJC No.6016 of 2012 (5) dt.11-03-2014
preferring the Misc. Application, is hereby condoned.
I.A. No. 1578 of 2004 stands disposed of.
By making this Misc. application, the petitioner has sought for restoration of L.P.A. No. 1150 of 2012, which was dismissed for default on 25.09.2012.
Heard Counsel for the parties.
Having considered the averments made in the application and having heard learned Counsel for the parties, we are satisfied that the absence of the applicant and/or his Counsel from the Court on 25.09.2012 was for reasons beyond their control.
In view of the above and in the interest of justice, the order, dated 25.09.2012 aforementioned, is hereby set aside and L.P.A. No. 1150 of 2012 is hereby restored to its original file.
Let the appeal be listed accordingly.
With the above observation and direction, this Misc. case stands disposed of.
(I. A. Ansari, J)
(Samarendra Pratap Singh, J)
Prabhakar Anand/-
3 issues framed by the court
Whether the delay in filing the miscellaneous application for restoration was condonable due to sufficient cause.
Whether the absence of the applicant on the date of dismissal was for reasons beyond control.
Whether the appeal should be restored to the original file and set aside the default order.
Md. Israil
The State Of Bihar
I. A. Ansari
Samarendra Pratap Singh
As recorded by the court registry
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