This court dismissed a restoration application filed in a miscellaneous jurisdiction case seeking revival of a matter dismissed years prior for non-appearance, holding that no case existed after such a long delay without rectification.
The application for restoration of MJC No. 828 of 1990 is dismissed.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.112 of 1991
======================================================
... ... Petitioner/s
Versus
... ... Opp.Parties
====================================================== Appearance : For the Petitioner/s : Mr. For the Respondent/s : Mr. ======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
828 of 1990 which was dismissed for non-appearance in the year 1991. The application was filed on 8.3.1991. Office has
Patna High Court MJC No.112 of 1991(3) dt.08-11-2017 2/2
pointed out various defects and in spite of repeated opportunities being granted since 1991, none has appeared and defects have also not been rectified. Today when the matter is taken up none has appeared.
We find that with the passage of time and now after more than 26 years, no case is made out for restoration of the application.
The application is, therefore, dismissed.
(Rajendra Menon, CJ)
( Anil Kumar Upadhyay, J)
spandey/-
U
1 issue framed by the court
Whether an application for restoration filed after a long delay with unrectified defects deserves to be dismissed.
Sri Ram Nath Raut
The State Of Bihar
Rajendra Menon
Anil Kumar Upadhyay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
