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Sanichar Mushar Vs State of Bihar — Patna HC (2019) — LawSathi Research

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Patna HC
2019
Sanichar Mushar Vs State of BiharSanichar Mushar v. State of Bihar

Dismissed

Sanichar Mushar v. State of Bihar

Patna HC4 Jan 2019SA/563/1988

Case brief

AI extract

What is this about?

Oral order dismissing two second appeals for want of appearance by the appellant and failure to file withdrawn exhibits despite repeated directions.

What did the court decide?

Both Second Appeal Nos. 563 of 1988 and 564 of 1988 are dismissed.

What the court decided

AI extract

A

IN THE HIGH COURT OF JUDICATURE AT PATNA Second Appeal No.563 of 1988

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

Sanichar Mushar, Son of Faguni Mushar, Resident of Village Rajabazar Behea, P.S. Behea, District Bhojpur (Arrah)

... ... Plaintiff…. ….Respondent 1^st Set…. ….Appellant

Versus

The State of Bihar, through the Collector, District Bhojpur

... ... Defendant…. ….Appellant…. ….Respondent

Additional Collector, District Bhojpur.

D.C.L.R., Arrah, District Bhojpur.

Sub-Divisional Officer, Arrah.

Circle Officer, Behea, District Bhojpur.

…. ….Defendants…. ….Respondents IIIrd Set…. ….Respondents

Parties & counsel

AI extract

appellant
Sanichar Mushar
respondent
The State of Bihar, through the Collector, District Bhojpur

Coram

AI extract

Prabhat Kumar Jha

Case details

As recorded by the court registry

Court: Patna HC
Decided on: 4 Jan 2019 · January
Registered: 8 Nov 1988
Case no.: SA/563/1988

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Cite this judgement

Sanichar Mushar v. State of Bihar, SA/563/1988 (PAT), decided on 4 January 2019.

The Patna High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Bench / Coram

Prabhat Kumar Jha

Parties & counsel

Outcome

Both Second Appeal Nos. 563 of 1988 and 564 of 1988 are dismissed.

Detailed headnote1 paragraphs

The appellants failed to appear and failed to file withdrawn exhibits despite repeated directions. The court dismissed both appeals under the facts not appearing on record.

A compact analysis

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.

Bhikhari Dusadh.

Lallan Dusadh.

Mahendra Dusadh

All sons of Sukhdeo Dusadh, All residents of Village Behea Bazar, P.S. Behea, District Bhojpur.

…. ….Defendants…. ….Respondents 2^nd Set…. ….Respondents

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

with

Second Appeal No. 564 of 1988

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

Sanichar Mushar, Son of Faguni Mushar, Resident of Village Rajabazar Behea, P.S. Behea, District Bhojpur (Arrah)

... ... Plaintiff…. ….Respondent…. ….Appellant

Versus

Bhikhari Dusadh.

Lallan Dusadh.

Mahendra Dusadh, All sons of Sukhdeo Dusadh.

All residents of Village Behea Bazar, P.S. Behea, District Bhojpur.

The State of Bihar, through the Collector, District Bhojpur, Arrah.

Additional Collector, District Bhojpur.

D.C.L.R., Arrah, District Bhojpur.

Sub-Divisional Officer, Arrah, District Bhojpur.

... ... Defendants… ...Respondents IInd Set… ...Respondents

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

Appearance : (In Second Appeal No. 563 of 1988) For the Appellant/s : None For the Respondent/s : None (In Second Appeal No. 564 of 1988) For the Appellant/s : None For the Respondent/s : None

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

CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER

Even today nobody appears on behalf of the appellant

24 04-01-2019

Patna High Court SA No.563 of 1988(24) dt.04-01-2019 2/2

as well as the respondents.

It appears that the appellant and respondents were directed to file exhibits, which were withdrawn from the record of the lower court after passing of the judgment and decree. The appellant withdrew exhibits 4 and 5 of the plaintiff and exhibits X, X1, A and B of the defendants but even after repeated directions, neither the appellant nor the respondents filed the withdrawn exhibits.

In this view of the fact, both these appeals are dismissed.

(Prabhat Kumar Jha, J)

S.KUMAR/-

U

CNR

BRHC010047561988

Bench

Prabhat Kumar Jha

Disposal

DISMISS FOR NON-PROSECUTION

Radha Mandal and Ors. Vs Asha Devi and Ors.

4 Jan 2019

Nand Kishore Prasad Vs Ram Ayodha Prasad and Ors.

4 Jan 2019