This order allowed an interim application for condonation of delay in the petition. It set aside an order dated 19.12.2019 in LPA No. 712 of 2018 via CWJC No. 14648 of 2008 and restored the appeal, subject to payment of costs.
Condonation of delay allowed; Impugned order set aside; LPA No. 712 of 2018 restored subject to cost of Rs. 2,000/-.
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.76 of 2023
In
Letters Patent Appeal No.712 of 2018
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Jawahar Lal Gupta @ Sah Son of Late Chandrika Sah resident of Village - Bhashaula, P.O. and P.S. - Kudra, District - Kaimur, Bhabua.
... ... Petitioner/s
Versus
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Akhouri Vipin Bihari Shrivastava For the Opposite Party/s : Md. Khurshid Alam (Aag 12)
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and
HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER
(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)
3 24-06-2023
Re: I.A. No. 1 of 2023
Heard I.A. No. 1 of 2023 for condonation of delay of
one year seven days in filing MJC No. 76 of 2023.
Patna High Court MJC No.76 of 2023(3) dt.24-06-2023 2/2
affidavit, even though sufficient cause of action has not been shown but in the interest of litigant, delay of one year seven days is condoned. I.A. for condonation of delay stands allowed.
(P. B. Bajanthri, J)
( Jitendra Kumar, J)
GAURAV S./-
U
3 issues framed by the court
Whether a delay of one year and seven days in filing the affidavit is condonable in the interest of justice.
Whether an order dated 19.12.2019 in Letters Patent Appeal No. 712 of 2018 was erroneous.
Whether the Letters Patent Appeal No. 712 of 2018 stands restored.
Jawahar Lal Gupta @ Sah
The State of Bihar
The Director, Consolidation, Bihar
The Deputy Director, Consolidation, Rohtas
The Consolidation Officer, Kudra
Baban Singh
P. B. Bajanthri
Jitendra Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
