Rabindra Saw v. .
Case brief
What is this about?
The High Court of Patna disposed of a restoration petition by condoning a three-year delay. The court ordered the restoration of Test Case no.2/2012, directing compliance within six weeks, failing which the case would be deemed dismissed again.
What did the court decide?
Test Case no.2/2012 is restored to its original number and the petitioner must comply with its impugned order within six weeks of date of this judgment.
What the court decided
Patna High Court MJC No.1619 of 2016 (7) dt.05-07-2018
1
IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.1619 of 2016
| ================ Rabindra Saw |
====================================== .... .... Petitioner/s Versus |
|---|---|
| . ================ |
.... .... Respondent/s ====================================== |
| Appearance : | |
| For the Petitioner/s | : Mr. Deepak Sahay Jamuar |
| For the Respondent/s ================ |
: Mr. ====================================== |
| CORAM: HONOUR SRIVASTAVA |
ABLE MR. JUSTICE HEMANT KUMAR |
| ORAL ORDER |
07 05.07.2018
Heard learned counsel for the petitioner on I.A. no. 3915/2018 as well as on the point of admission of this petition.
It would appear that the petitioner filed Test Case no.2/2012 which stood dismissed on 7.3.2013 due to non-compliance of peremptory order of this court. The petitioner against the aforesaid dismissal order filed present petition on 21.4.2016 for restoration of above stated Test Case no.2/2012.
Admittedly, present restoration petition has been filed after three years of dismissal of Test Case no.2/2012. However, to condone the delay of filing restoration petition, the petitioner has filed I.A. no. 3915/2018 stating therein that he fell ill and was advised to bed rest and that was the reason, he had not
Issues for consideration
2 issues framed by the court
Whether delay of three years in filing a restoration petition can be condoned on the ground of illness.
Whether an impugned order of dismissal can be restored to file on condonation of delay.
Parties & counsel
- petitioner
Rabindra Saw
- respondent
Unidentified Respondents
Coram
HEMANT KUMAR
Case details
As recorded by the court registry
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