A miscellaneous appeal filed after an earlier appeal arising from the same cause of action had been dismissed for non-prosecution, without seeking restoration, was held barred by res judicata and dismissed.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Appeal No.570 of 2019
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Gayatri Devi @ Gayatri Kumari Daughter of Shivdeni Singh, Wife of Mithilesh Kumar Singh Presently residing at Village- Jamsari, Post OfficeJamsar Bazar, Police Station- Uchkagaon, District- Gopalganj. At present near Durga Mandir, Kusunda, Police Station and District- Dhanbad (Jharkhand).
... ... Appellant/s
Versus
Mithilesh Kumar Singh Son of Baburam Prasad Resident of Village- Bindusar Hamid, Police Station- Siwan Town, District- Siwan, presently residing at Sareya, Ward No. 5, North of Shahi Gas Service, Mohalla- Gopalganj, P.S. and District- Gopalganj.
... ... Respondent/s
====================================================== Appearance : For the Appellant/s : Mr. Lokesh Kumar Singh, Adv. For the Respondent/s : Mr. ======================================================
CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER
(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)
3 04-12-2024 Present Miscellaneous Appeal No. 570 of 2019 is not
maintainable in view of the fact that on the very same cause of action, earlier appellant has approached this Court in filing Miscellaneous Appeal No. 533 of 2010 and it was converted from First Appeal No. 107 of 2008 and it was dismissed for non-prosecution. Instead of filing M.J.C. for restoration, the present Miscellaneous Appeal No. 570 of 2019 has been filed, resultantly, principle of res-judicata is attracted.
Patna High Court MA No.570 of 2019(3) dt.04-12-2024 2/2
570 of 2019 stand dismissed.
(P. B. Bajanthri, J)
( S. B. Pd. Singh, J)
prabhakar/-
U
1 issue framed by the court
Whether a second miscellaneous appeal is maintainable when the earlier appeal on the same cause of action was dismissed for non-prosecution without restoration.
Gayatri Devi @ Gayatri Kumari
Mithilesh Kumar Singh
P. B. Bajanthri
S. B. Pd. Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
