Petitioner challenged the order restoring a suit dismissed for non-appearance. This Court found no patent illegality and dismissed the application.
Application against the restoration order dismissed.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.20558 of 2010
====================================================== 1. Ram Daras Mahto S/O Late Kasmu Mahto R/O Vill. Kadana P.O. Mohamadpur, P.S.Garkha, Distt.-Saran at Chapra. .... .... Petitioner/defendant Versus 1. Rajeswari Singh S/O Late Nasib Singh R/O Vill. Kadana P.O.Mahamadpur P.S.Garkha, Distt.-Saran at Chapra. .... .... Respondent/opp. Party/plaintiff. ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 2 07-08-2015 None for the petitioner. Defendant of Title Suit no. 7 of 1982 has filed the present application to assail the order dated 17.6.2010 passed by the learned Munsif -2, Saran at Chapra in Misc. case no. 21 of 2007.
The suit was dismissed on 9.10.2007 at its nascent stage on account of non appearance of the plaintiff. Immediately thereafter the present Misc. case was filed on 9.10.2007 by the plaintiff for restoration of the suit. A rejoinder thereto was filed on 12.10.2007. The trial Court, on a consideration of the submissions of the parties, allowed the said application and restored the suit and permitted the defendant to file written statement.
This Court, on perusal of the order and the materials on record, does not find any patent illegality in the said order . In
Patna High Court CWJC No.20558 of 2010 (2) dt.07-08-2015
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fact, the order passed by the trial Court provides an opportunity to the parties to get the dispute resolved on merit. The application is dismissed.
(Kishore Kumar Mandal, J)
Shyam/U
1 issue framed by the court
Whether the dismissal of application for restoration of suit impugned order passed by trial court patent illegal.
RAMESH DARAS MAHTO
RAJESWARII SINGH
KISHORE KUMAR MANDAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
