Single judge of Patna High Court allowed recall and modification of an order dated 05.12.2014 due to justified non-compliance. Time was extended pending cost payment.
Recalled order dated 05.12.2014; extended time to 11/12/2015 upon payment of Rs. 650/-.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.2597 of 2015 In SA 322 of 2005 ====================================================== Ram Nath Bind & Ors .... .... Petitioner/s Versus Deo Nath Bind .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Sunil Kumar Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 2 02-12-2015 Heard Mr. Verma in support of the application which has been filed for recall/modification of the order dated 05.12.2014 passed in S.A. No. 322 of 2005 non compliance whereof resulted in dismissal of the appeal.
Mr. Verma explains the reasons for not complying with the said order within time granted by the Court. He has drawn attention of the Court to the statement made in paragraphs 5,6 and 7. It has been highlighted that the plaintiffs are the appellants of the appeal who won at the trial court which was reversed by the appellate court.
Having heard Mr. Verma, I am satisfied that the ends of justice shall be subserved if the order dated 05.12.2014 is recalled/modified on payment of some cost. Accordingly, the order dated 05.12.2014 passed in S.A. No. 322 of 2005 is recalled
Patna High Court MJC No.2597 of 2015 (2) dt.02-12-2015
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and the time granted therein is extended till 11th of December, 2015, subject to payment of cost in the sum of Rs. 650/- in the Patna High Court, legal Services Committee and filing receipt thereof within the same time.
(Kishore Kumar Mandal, J)
HR/U
2 issues framed by the court
Whether the order dated 05.12.2014 passed in S.A. No. 322 of 2005 for non-compliance should be recalled due to justification for delayed compliance.
Whether time granted to comply with the order should be extended upon payment of costs.
2 provisions across 2 enactments
Ram Nath Bind & Ors
Deo Nath Bind
Kishore Kumar Mandal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Kishore Kumar Mandal
