High Court granted readmission of M.A. No. 346 of 2006 to its original file, allowing the appeal dismissed for non-prosecution, finding the appellant's absence was not due to intentional latches.
M.A. No. 346 of 2006 readmitted to its original file; MJC application allowed.
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.3571 of 2017 In
MA 346 of 2006
====================================================== The State of Bihar through Executive Engineer, Western Koshi Canal Division Kunauli, District Supaul.
.... .... Petitioner/s
Versus
M/s Hardeo Singh, Son of Not known to the petitioner, resident of Village + P.O. Bathnaha, District- Purnea.
.... .... Respondent/s
====================================================== Appearance: For the Petitioner/s : Mr. Hari Shankar Roy For the Respondent/s : Mr.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL
ORAL ORDER
5 05-09-2018 Heard learned counsel for the petitioner.
This MJC application has been filed for readmission of M.A. No. 346 of 2006 to its original file with the case that the aforesaid appeal was fixed for hearing under the heading “Order 41 Rule 11 CPC” on 07.12.2017, but as the counsel for the appellant was busy in some other court, he could not appear in the case to seek adjournment. Accordingly the aforesaid appeal was dismissed for non-prosecution on the said date. There has been no
Patna High Court MJC No.3571 of 2017 (5) dt.05-09-2018
2/2
intentional and deliberate latches on the part of the appellant in dismissal of the aforesaid appeal.
In the facts and circumstances of the case and in the
interest of justice, M.A. No. 346 of 2006 is readmitted to its original file and accordingly this MJC application is allowed.
(Prakash Chandra Jaiswal, J)
Mishra/-
U T
2 issues framed by the court
Whether an appeal dismissed for non-prosecution due to counsel's absence should be readmitted to the original file if no intentional latches are shown.
Whether condonation of delay in readmission is justified in interest of justice.
1 provisions across 1 enactments
The State of Bihar through Executive Engineer, Western Koshi Canal Division Kunauli
M/s Hardeo Singh
Prakash Chandra Jaiswal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
