In a miscellaneous jurisdiction case, the Patna High Court allowed an application for restoration of a first appeal dismissed for default, finding the petitioner sufficient cause for non-appearance.
MJC application allowed and First Appeal No.301 of 1986 restored to its original file.
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.2743 of 2015 In First Appeal No. 301 of 1986 ====================================================== Shri Daroga Singh & Anr .... .... Petitioner/s Versus Ram Nath Singh .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Arun Kumar Singh For the Respondent/s : Mr. Barun Kumar Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 3 05-11-2015 Heard the learned counsel, Mr. Surendra Kumar Singh, on behalf of the petitioner and the learned counsel, Mr. Barun Kumar Chaudhary, for the sole opposite party.
This MJC application has been filed for restoration of First Appeal No.301 of 1986 which was dismissed for default.
According to the learned counsel for the appellant, the learned counsel who was appearing on behalf of the appellant during that period had gone to Nagpur for treatment purpose, therefore, when the First Appeal was called on for hearing, he could not appear.
On the other hand, the learned counsel appearing on behalf of the opposite party vehemently opposed the prayer for restoration of the First Appeal.
In view of the submission of the learned counsel for the
Patna High Court MJC No.2743 of 2015 (3) dt.05-11-2015
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petitioner, I am satisfied that the petitioners were prevented by sufficient cause from not appearing when the First Appeal No.301 of 1986 was called on for hearing. Accordingly, this MJC application is allowed and First Appeal No.301 of 1986 is restored to its original file.
The First Appeal itself may be listed for hearing
again.
(Mungeshwar Sahoo, J)
Sanjeev/-
U
1 issue framed by the court
Whether the petitioner was prevented by sufficient cause from appearing to contest the First Appeal hearing.
Daroga Singh & Anr.
Ram Nath Singh
Mungeshwar Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
