The High Court of Patna allowed an MJC application restoring a Miscellaneous Appeal to its original file, ruling that there was no intentional delay in complying with a prior order due to the petitioner's absence abroad.
The Miscellaneous Appeal No. 555 of 2016 is restored to its original file and the present MJC application is 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.4187 of 2018 In
Miscellaneous Appeal No.555 of 2016
======================================================
Branch Manager, Branch 2, National Insurance Company Ltd.
... ... Petitioner/s
Versus
Ranjeet Kumar and Ors.
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Ashok Kumar For the Opposite Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL
ORAL ORDER
7 17-07-2019 Heard learned counsel for the petitioner.
This M.J.C. application has been filed by the
petitioner for restoration of M.A. No. 555 of 2016 to its original file with the case that vide peremptory order dated 29.08.2017, two weeks time was granted to remove the defect no. 4 as pointed out by the office, but as the learned counsel for the petitioner was out of station and the petitioner himself had gone abroad to see his children posted there, the aforesaid order of this Court could not be complied within time. There is no deliberate and intentional latches on the part of the petitioner in non-compliance of the said order of this Court.
In the facts and circumstances and in the interest of justice, the Miscellaneous Appeal no. 555 of 2016 is restored to
Patna High Court MJC No.4187 of 2018(7) dt.17-07-2019 2/2
its original file and the present M.J.C. application is allowed.
(Prakash Chandra Jaiswal, J)
rohit/-
U
1 issue framed by the court
Whether the Miscellaneous Appeal should be restored to original file due to delayed compliance with removal of defect.
Branch Manager, Branch 2, National Insurance Company Ltd.
Ranjeet Kumar and Ors.
Prakash Chandra Jaiswal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
