Partly allowed

Chandra Kashi Devi v. Sri Ram Chandra Hazari

Patna HC19 Feb 2019MJC/1086/2018

Case brief

AI extract

What is this about?

The High Court set aside the dismissal of Miscellaneous Appeal No. 465 of 2008 for non-compliance with a peremptory order, accepting the appellant's reasonable explanation for the delay, and restored the appeal to its original file for hearing.

What did the court decide?

The dismissal of Misc. Appeal No. 465 of 2008 is set aside and the appeal is restored to its original file.

Chandra Kashi Devi Vs Sri Ram Chandra Hazari — Civil Procedure and Limitation | Patna HC (2019)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.1086 of 2018

¶2

¶3

Miscellaneous Appeal No.465 of 2008

¶4

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

¶5

Chandra Kashi Devi, Wife of Late Permanand Jha (Defendant no.3/Respondent No.3/Applicant

¶6

Rajeev Kumar Jha, Son of Late Permanand Jha

¶7

Both Resident of Village Pahhaddi, Police Station Bahera, District Darbhanga

¶8

Kiran Jha, (D/o Late Permanand Jha), Wife of Sri Praveen Kumar Jha, Resident of Village Dherwara, Police Station Bahera, District Darbhanga

¶9

Nilam Devi (D/o Late Permanand Jha), Wife of Sri Ashok Jha, Resident of Village Biku Patti, Police Station Bahera, District Darbhanga

¶10

Vidhatri Kumari (D/o Late Permanand Jha), wife of Sri Mahesh Jha, Resident of Village Paurri, Police Station Bahera, District Darbhanga Heirs of Defendant-Respondent no. 3/Applicant (deceased)

¶11

... ... Petitioner/s

¶12

Versus

¶13

Sri Ram Chandra Hazari, Son of Sri Sarb Narain Hazari, Resident of Village (Mauza) Shreepur Jagat Tole – Belha, Police Station Bahera, District Darbhanga

¶14

…. Plaintiff/appellant/opposite party/Respondent 1^st Set

¶15

Smt. Atroop Dai, Wife of Baikunth Jha, Resident of Village Pohaddi, Police Station Bahera, District Darbhanga

¶16

Smt. Manjula Kumar (D/o Raj Kumari @ Buchi Dai) (defendant no. 1), wife of Rabindra Nath Jha, Resident of Village Amtaur Police Station Bahera, P.O. Amtaur via Benipur, District Darbhanga

¶17

…. Respondent/Opp. 2^nd Party/Respondent 2^nd set

¶18

Most. Jagtarani Devi, D/o Late Awadh Jha, Resident of Village Habihbhauar, Police Station Bahera, P.O. Habibhour, District Darbhanga

¶19

Suresh Jha, Son of Shail Kunth Jha, Resident of Village Pahaddi, Police Station Bahera, District Darbhanga

¶20

….. Respondent/Opp. 3^rd Party/Respondent 3^rd Set ... ... Respondents/Opposite Parties

¶21

====================================================== Appearance : For the Petitioner/s : Mr. Gajendra Kumar Jha For the Opposite Party/s : None

¶22

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

¶23

CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER

¶24

3 19-02-2019 Heard learned counsel for the petitioners.

¶25

No one appears on behalf of the opposite parties in

¶26

spite of service of notice.

¶27

By order dated 03.02.2015 passed in Misc. Appeal

¶28

Patna High Court MJC No.1086 of 2018(3) dt.19-02-2019 2/2

¶29

No. 465 of 2008, ten days peremptory time was allowed to the appellants for filing requisites of notice to be sent against the respondents-opposite parties.

¶30

Submission is that the order was complied on 13.02.2015 just a day after expiry of ten days peremptory time due to inadvertence in not mentioning the time for compliance in personal file.

¶31

This application is for setting aside the dismissal of miscellaneous appeal aforesaid due to non-compliance of peremptory order.

¶32

Since reasonable explanation is there for noncompliance of peremptory order, hence, dismissal of Misc. Appeal No. 465 of 2008 is hereby set aside and the appeal is restored to its original file.

¶33

Office is directed to issue notice in the miscellaneous appeal fixing a date of appearance after four weeks from the date of issuance of notice.

¶34

List M.A. No. 465 of 2008 on 13.05.2019.

¶35

(Birendra Kumar, J)

¶36

Kundan/Rajan

¶37

Chandra Kashi Devi v. Sri Ram Chandra Hazari

Case brief

What is this about?

What did the court decide?

Chandra Kashi Devi v. Sri Ram Chandra Hazari

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Sri Rajesh Singh and Ors. Vs Sri Rajendra Singh and Anr.

Radheshyam Tiwari and Ors. Vs Mosmat Rajmani Kuwar and Ors.

Shobha Kant Kunwar @ Shobha Kant Kuer @ Shobha Kant Kumar Vs Baidyanath Chaudhary

Chhotu Singh @ Praful Kumar @ Adarsh Singh Vs The State of Bihar

Shibu Yadav @ Shiv Yadav @ Shivnath Yadav Vs The State of Bihar

Sagar Kumar Vs the State of Bihar