This is a miscellaneous application seeking restoration of a civil suit dismissed for default. The High Court allowed the restoration order provided the petitioner complies with the defects pointed out by the Stamp Reporter within one month.
Restoration of C. Misc. No. 242 of 2021 to original file and number, subject to compliance of the order dated 29-11-2021.
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.336 of 2022
In
CIVIL MISCELLANEOUS JURISDICTION No.242 of 2021
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Ashok Kumar Gupta Son of Late Sheo Prasad Sah Resident of Village and P.O.- Ganj Bharasara, P.S.- Dinara, District- Rohtas.
... ... Petitioner
Versus
... ... Opposite Parties
======================================================
Appearance : For the Petitioner/s : Mr.Akhouri Vipin Bihari Shrivastava For the Opposite Party/s : Mr.
====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY
ORAL ORDER
Learned counsel for the petitioner is directed to remove all
the defects pointed out by the Stamp Reporter within one month.
This application has been filed for restoration of C. Misc. No. 242 of 2021, which was dismissed for default due to noncompliance of the peremptory order dated 29.11.2021.
For the reasons disclosed in the restoration application it is allowed, and C. Misc. No. 242 of 2021 is restored to its original file and number subject to the compliance of the order dated 29.11.2021
Patna High Court MJC No.336 of 2022(2) dt.11-05-2022 2/2
passed in C. Misc. No. 242 of 2021.
Office shall ensure that all defects are removed by the petitioner within the stipulated time provided in para 1 hereinabove, failing which the matter shall be brought to the notice of this Court.
List the C. Misc No. 242 of 2021 after summer vacation.
(Nawneet Kumar Pandey, J)
SONALI/- U
1 issue framed by the court
Whether the application for restoration of the original suit dismissed for default should be allowed.
Ashok Kumar Gupta
Ramjee Sah
Shanti Prasad Sah
Satyendra Kumar Gupta
Devendra Kumar Gupta
Shailendra Kumar
Nawneet Kumar Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
