Allowed

Rajeshwar Prasad @ Rajeshwar Prasad Singh and Anr. v. The Union Of India

Patna HC10 Sept 2018MJC/1111/2013

Case brief

AI extract

What is this about?

High Court of Patna condoned a 10-day delay in filing a Miscellaneous Jurisdiction Case application and re-admitted a previously dismissed Miscellaneous Appeal due to accidental default and lack of intentional laches by the petitioners.

What did the court decide?

Interlocutory application for condonation of delay allowed; Miscellaneous Appeal No. 93 of 2011 re-admitted to its original file.

Rajeshwar Prasad @ Rajeshwar Prasad Singh and Anr. Vs… — Writ and Judicial Review | Patna HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.1111 of 2013 In

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Miscellaneous Appeal No.93 of 2011

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======================================================

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Rajeshwar Prasad @ Rajeshwar Prasad Singh, Son of Late Narsingh Singh.

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Smt. Bachi Devi, W/o Sri Rajeshwar Prasad,

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Both are resident of village – Ladma, P.S.-Barh, District - Patna

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... ... Petitioner/s

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Versus

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The Union Of India represented through the General Manager, East Central Railway, Hazipur (Bihar)

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr. Anant Kumar-1 For the Respondent/s : None. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL

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ORAL ORDER

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6 10-09-2018

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Re.: I.A. No. 4510 of 2018

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Learned counsel for the petitioners is present. None turned up on behalf of the respondent despite putting appearance in the case.

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Petitioners have filed the aforesaid interlocutory application for condonation of delay of 10 days in preferring this MJC application with the case that M.A. No. 93 of 2011 filed by the petitioners was dismissed on 10.01.2013. As the petitioners happen to be gullible villager they had no knowledge

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Patna High Court MJC No.1111 of 2013(6) dt.10-09-2018 2/3

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of the aforesaid dismissal order rather learnt the fate of the case through the letter dated 10.02.2013 written to them by their advocate. After knowing the same, they contacted their learned counsel and filed this petition on 21.02.2013. There has been no deliberate and intentional latches on their part for the aforesaid delay made in filing this MJC application.

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Respondent has not filed any rejoinder against the aforesaid petition.

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In the facts and circumstances of the case, delay in filing present MJC application is condoned and accordingly aforesaid interlocutory application is allowed.

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Re.: M.J.C. No. 1111 of 2013

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Petitioners have filed the aforesaid MJC application for re-admission of the M.A. No. 93 of 2011 to its original file with the case that the aforesaid appeal was fixed for hearing on 10.01.2013, but the learned counsel for the petitioners could not mark the same and hence he could not turn up to advance argument in the case on 10.01.2013. Consequently, aforesaid appeal was dismissed for default. There has been no deliberate and intentional latches on the part of the petitioners in dismissal of the aforesaid appeal.

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In the facts and circumstances of the case and in the

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Patna High Court MJC No.1111 of 2013(6) dt.10-09-2018 3/3

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interest of justice, M.A. No. 93 of 2011 is readmitted to its original file and aforesaid MJC application is allowed.

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(Prakash Chandra Jaiswal, J)

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mishra/-

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Rajeshwar Prasad @ Rajeshwar Prasad Singh and Anr. v. The Union Of India

Case brief

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Rajeshwar Prasad @ Rajeshwar Prasad Singh and Anr. v. The Union Of India

Case brief

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