The Patna High Court dismissed a Civil Review Application seeking review of an order refusing restoration of a dismissed Letters Patent Appeal. The court found no sufficient cause for condonation of the delay and summarily dismissed the review application.
Civil Review Application and Interlocutory Application No. 3836 of 2014 are dismissed.
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
Civil Review No.153 of 2014 Arising out of
Miscellaneous Jurisdiction Case No. 1662 of 2011 =========================================================== 1. Kaberi Devi, widow of Late Harbansh Prasad Thakur
2(i). Most. Puspa Kuer, wife of late Awadhesh Narayan Prasad 2(ii). Chandra Prakash, daughter of late Awadhesh Narayan Prasad 2(iii). Surya Prakash, daughter of late Awadhesh Narayan Prasad 2(iv). Kumari Dhiraja, daughter of late Awadhesh Narayan Prasad 2(v). Nidhi Kumari, daughter of late Awadhesh Narayan Prasad
2(vi).Sidhi Kumari, daughter of late Awadhesh Narayan Prasad, all resident of Village Jahanabad, P.S. Kudra, District- Kaimur.
.... .... Petitioners Versus
.... .... Opposite Parties
=========================================================== Appearance : For the Petitioners : Mr. Ganpati Trivedi, Sr. Advocate. Mr. Arabind Nath Pandey, Advocate. For the Respondents :
Patna High Court C. REV. No.153 of 2014 dt.02-05-2016
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=========================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT GUPTA and HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE HEMANT GUPTA) Date: 02-05-2016
The plaintiff is the appellant in the present Letters Patent Appeal. The plaintiff has sought specific performance of an agreement to sell dated 17th of May, 1968 having paid earnest money of Rs. 4,000/-. The balance sale consideration out of the total sale consideration of Rs. 12,206/- was to be paid on 15th of June, 1969. In the meantime, the defendant-vendor executed sale-deed in favour of Defendant Nos. 3 and 4 on 14th of August, 1968 on the basis of prior agreement to sell dated 1st of April, 1968. The suit for Specific Performance was filed in the year 1971. Though the learned trial court decreed the suit but in appeal, the learned Single Bench of this Court accepted the appeal and dismissed the suit.
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dismissed.
(Hemant Gupta, J)
P.K.P. N.A.F.R.
(Ahsanuddin Amanullah, J)
U
3 issues framed by the court
Whether sufficient cause is made out for condonation of delay in filing the Civil Review Application.
Whether the order refusing to entertain the earlier application for restoration of appeal requires review.
Whether the Civil Review Application and Interlocutory Application should be allowed or dismissed.
Kaberi Devi and others
Md. Basir Mian and others
Hemant Gupta
Ahsanuddin Amanullah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
