The High Court of Patna, in an oral order, modified an earlier restoration order. The Court held that a condition imposed in a 2018 order was redundant since the required peremptory order had already been complied with, and accordingly modified the earlier order.
Order dated 26.07.2018 modified to remove the condition for restoration.
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.2157 of 2016
======================================================
Seikh Md. Aihussain
.... .... Petitioner/s
Versus
Zainul & Ors.
.... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Sanjay Sinha For the Respondent/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER
5 26-09-2018 Learned counsel appearing for the applicant submits that vide order dated 26.07.2018, this court ordered for restoration of First Appeal No. 42 of 2012 to its original file and number but a condition was imposed that if the order dated 24.08.2012 passed in First Appeal No. 42 of 2012 is not complied with within six weeks from the order dated 26.07.2018, the First Appeal No. 42 of 2012 shall not be deemed to be restored. Learned counsel for the applicant further submits that, as a matter of fact, before passing order dated 26.07.2018, peremptory order passed in First Appeal No. 42 of 2012 had already been complied with and therefore, there was no need to impose condition upon the applicant.
In view of the aforesaid submission, the condition imposed upon the applicant vide order dated 26.07.2018 shall be deemed to be redundant.
Patna High Court MJC No.2157 of 2016 (5) dt.26-09-2018
2/2
Accordingly, order dated 26.07.2018 stands modified
to the above stated extent.
(Hemant Kumar Srivastava, J)
SHAHZAD/-Rajeev
U
1 issue framed by the court
Whether the condition imposed for restoration of First Appeal was redundant as the peremptory order had already been complied with.
Seikh Md. Aihussain
Zainul & Ors.
HEMANT KUMAR SRIVASTAVA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
