The High Court, Patna disposed of a writ petition challenging an order dismissing an execution petition as premature and deficient in format. The court granted liberty to the petitioner to file a fresh execution petition.
Liberty granted to petitioner to file a fresh execution petition.
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 Civil Writ Jurisdiction Case No. 17911 of 2010
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VIYAS NANDAN JHA S/O Late Ram Lakhan Jha R/O Vill Sarmastpur @Bouchwara, P.O.and P.S.Bachwara, Distt-Begusarai
... ... Petitioner/s
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr.S.M.Shabbir Alam For the Respondent/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER
Patna High Court CWJC No. 17911 of 2010(6) dt.20-02-2023 2/2
as also proper fees has not been paid, but the learned counsel for the petitioner submits that the petitioner be granted liberty to file a fresh execution case before the learned trial Court.
It goes without saying that the aforesaid order dated 11.12.2006 cannot be a bar to the petitioner, preferring a fresh execution case, hence, the present writ petition stands disposed of as not pressed, however, with liberty to the petitioner to take recourse to filing of fresh execution petition, in accordance with law.
(Mohit Kumar Shah, J)
Ajay/Saurav U
2 issues framed by the court
Whether the petitioner should be granted liberty to file a fresh execution petition after the present writ petition stood disposed of as not pressed.
Whether the dismissal of a previous execution petition on procedural grounds bars a fresh execution case.
Viyas Nandan Jha
Ram Subaran Chaudhary
Bhola Chaudhary
Gauri Shankar Chaudhary
Radha Chaudhary
Ram Lakhan Singh
Mohit Kumar Shah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
