Dismissed

Baldeo Choudhary (deceased), v. Bhagrasan Choudhary (deceased)

Patna HC26 Apr 2022MJC/450/2021

Case brief

AI extract

What is this about?

The High Court dismissed a petition and I.A. No. 1 of 2021 seeking restoration of a First Appeal (F.A. No. 484 of 1983) which was previously dismissed for non-compliance. The court rejected the petitioner's explanation for the delayed filing (2009 to 2022), noting the pandemic excuse was only valid from March 2020.

What did the court decide?

Application for condonation of delay and petition for restoration of First Appeal No. 484 of 1983 dismissed.

Baldeo Choudhary (deceased), Vs Bhagrasan… — Civil Procedure and Limitation | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.450 of 2021

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FIRST APPEAL No.484 of 1983

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

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Baldeo Choudhary (deceased), S/o Late Murat Choudhary, x

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Smt. Sanwaria (deceased) (substituted legal heir), Wife of Ramswaroop Yadav and daughter of Late Baldeo Choudhary, resident of Village and Post Office-Chakra, P.s. Siwan Muffasil, District Siwan.

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Shrimati Girija Gupta, (to be substituted), D/o Late Sanwariya Devi and late Ramswaroop Choudhary and W/o Swariminath Yadav, resident of mauja Chhota Kohrauli, machhagar patti jagdish, P.S.-Hatua, District Gopalganj at present resident of Village Chakra, Post Office Chakra, P.S. Siwan Muffasil, District Siwan.

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Shrimati Bacchi substituted (legal heir), W/o Krishna Nath Yadav and D/o Late Baldeo Choudhary, resident of Village Titira Misrauli, P.S. Mairwan, District Siwan.

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Ramashish Choudhary, S/o Late Baldeo Choudhary, x

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Munshi Chaudhari (to be substituted) S/o Late Sanvariya Devi and Late Ram Swaroop Chaudhary, resident of mouza chakra, post office chakra, PS Siwan, District Siwan.

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... ... Petitioner/s

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Versus

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Bhagrasan Choudhary (deceased), Son of late Sahdeo Choudhary, Resident of Vill-Misrauli, P.O. Titira, P.S.-Mairwa, Distt-Siwan.

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Most. Phoolpati Devi substituted wife of late Bhagrasan Chaudhari, Resident of Vill-Misrauli, P.O. Titira, P.S.-Mairwa, Distt-Siwan.

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Sudama Chaudhary, Son of Late Bhagrasan Choudhary, Resident of VillMisrauli, P.O. Titira, P.S.-Mairwa, Distt-Siwan.

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Suadarshan Choudhary, Son of Late Bhagrasan Choudhary, Resident of VillMisrauli, P.O. Titira, P.S.-Mairwa, Distt-Siwan.

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Vikram Yadav, S/o Late Ram Das Choudhary, Resident of Vill-Misrauli, P.O. Titira, P.S.-Mairwa, Distt-Siwan.

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Laxmina Kunwar, W/o Late Sukhdeo Choudhary @ Mukhdeo Choudhary, Resident of Vill-Misrauli, P.O. Titira, P.S.-Mairwa, Distt-Siwan.

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Jai Ram Yadav, Resident of Vill-Misrauli, P.O. Titira, P.S.-Mairwa, DisttSiwan.

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Jai Lal Yadav, Resident of Vill-Misrauli, P.O. Titira, P.S.-Mairwa, DisttSiwan.

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Patna High Court MJC No.450 of 2021 dt.26-04-2022 2/4

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Jai Prakash Yadav, Resident of Vill-Misrauli, P.O. Titira, P.S.-Mairwa, DisttSiwan.

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Indu Devi, W/o Umesh Yadav, resident of Village Gandharpa, P.S. Nautan, District-Siwan.

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Una Devi, W/o not known and D/o Late Sukhdeo Choudhary @ Mukhdeo Choudhary, resident of Vill-Narendrapur, P.S.-Ander, Distt-Siwan.

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Chandradeo Choudhary, S/o Late Singasan Choudhary, Resident of VillTitira Misrauli, P.O. Titira, P.S.-Mairwa, Distt-Siwan.

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Ram Sagar Choudhary, S/o Late Indrasan Choudhar, Resident of Vill-Titira Misrauli, P.O. Titira, P.S.-Mairwa, Distt-Siwan.

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Most. Sitma, W/o Late Dasrath Choudhary (deceased), x

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Phulia, W/o Late Dasrath Choudhary, resident of Vill-Sarharwa, P.S.Mairwan, Dist-Siwan.

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Rajendra Choudhary, S/o Bhadai Choudhary, Resident of Vill-Titira Misrauli, P.O. Titira, P.S.-Mairwa, Distt-Siwan.

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Rajdeo Choudhary (deceased), Resident of Vill-Nayagao, P.S.-Hathua, DisttGopalganj.

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Malti Devi W/o Rajdeo Choudhary (issueless), Resident of Vill-Nayagao, P.S.-Hathua, Distt-Gopalganj.

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Phulmati Devi, W/o Rajdeo Choudhary, Resident of Vill-Nayagao, P.S.Hathua, Distt-Gopalganj.

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Partibha Kumari, D/o Late Rajdeo Choudhary, Resident of Vill-Nayagao, P.S.-Hathua, Distt-Gopalganj.

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Amresh Kumar, S/o Late Rajdeo Choudhary, Resident of Vill-Nayagao, P.S.Hathua, Distt-Gopalganj.

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Ashok Kumar For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT

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Date : 26-04-2022

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Heard learned counsel for the parties.

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In the instant petition, petitioner has prayed for the

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following relief/reliefs:

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“That the instant application is being

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Patna High Court MJC No.450 of 2021 dt.26-04-2022

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3/4

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filed for restoration of the F.A. number 484 of 1983 to its original file which stood dismissed for non-compliance of the peremptory order dated 18/05/2009 passed by the Hon’ble Mr. Justice N.V. Sinha as then was by which four days time was allowed to comply the order dated 23/05/2008 failing which the aforesaid appeal was directed to be dismissed without further reference to a Bench.”

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The petitioner has filed I.A. for condonation of delay. Both the main petition as well as I.A. no. 1 of 2021 for condonation of delay is required to be examined in the light of delay and laches on the part of the petitioner. The petitioner has not explained the delay from 2009 to 2020. In the condonation of delay application, the petitioner is trying to take shelter with reference to the Covid-19 pandemic. Covid-19 pandemic had commenced from 20^th March, 2020 whereas the petitioner has not apprised this Court in order to condone the delay from the year 2009 to 2020. In the light of these facts and circumstances, the petitioner has not made out a case for condonation of delay in filing the petition.

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Patna High Court MJC No.450 of 2021 dt.26-04-2022 4/4

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Accordingly, both I.A. no. 1 of 2021 as well as

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petition stands dismissed.

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(P. B. Bajanthri, J)

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Ankit/-

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AFR/NAFR	NAFR
CAV DATE	NA
Uploading Date	29.04.2022
Transmission Date	NA

Baldeo Choudhary (deceased), v. Bhagrasan Choudhary (deceased)

Case brief

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What did the court decide?

Baldeo Choudhary (deceased), v. Bhagrasan Choudhary (deceased)

Case brief

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What did the court decide?

What the court decided

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