The High Court of Patna allowed the conversion of a writ application to a miscellaneous appeal under Order 43 Rule 1 Clause t CPC regarding refusal to readmit a title appeal for hearing.
Writ application converted to Miscellaneous Appeal under Order 43 Rule 1 Clause t CPC to be heard within two weeks after Chhath Holidays.
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.
Patna High Court CWJC No.20797 of 2012 (4) dt.03-11-2015
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.20797 of 2012
====================================================== Chhangur Sah @ Chhangur Gond .... .... Petitioner/s Versus Anirudh Sah & Ors .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Raghav Prasad For the Respondent/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 4 03-11-2015 The learned counsel, Mr. Binod Kumar Singh at the very outset submitted that by the impugned order dated 29.09.2012, the court below refused to readmit the title appeal for hearing which is appealable under Order 43 Rule 1 Clause ‘t’ C.P.C..
Perused the provision as contained in Order 43 Rule 1 Clause ‘t’ C.P.C.. The provision of appeal is provided under the said provision. Therefore, the petitioner has got the remedy to pursue the appeal according to the provision of the C.P.C.
In such view of the matter, the petitioner is permitted to convert this writ application to Miscellaneous Appeal under Order 43 Rule 1 Clause ‘t’ C.P.C. within two weeks after Chhath Holidays.
(Mungeshwar Sahoo, J)
Saurabh/-
U
1 issue framed by the court
Whether the petitioner is permitted to convert the writ application to a miscellaneous appeal under Order 43 Rule 1 Clause t CPC.
1 provisions across 1 enactments
Chhangur Sah @ Chhangur Gond
Anirudh Sah & Ors
Mungeshwar Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
