The High Court dismissed a Miscellaneous Jurisdiction Case application filed to recall an order. The application, pending for seven years, was rejected due to a one-year delay in filing and lack of interest by the State, alongside the absence of the impugned order's copy on record.
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.2268 of 2017
In
Letters Patent Appeal No.479 of 2014
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... ... Petitioner/s
Versus
Sahodara Devi Widow Of Late Hanuman Singh, Resident Of Village and P.O. Madanipur, Via - Babhanawal, District - Rohtas, Bihar, At Present Residing At Flat No. 58-0, Road No.1, Park Road No.3, Ashok Nagar, Ranchi - 2 .
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Niraj Kumar, Advocate For the Opposite Party/s : Mr. Dhananjay Kumar, Advocate ======================================================
CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
and
HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER
(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)
The present MJC / restoration application is pending
consideration for the last about seven years. There is no interest on behalf of the State in getting the matter listed and disposed of.
2. Be that as it may, the present MJC application is filed for recalling the order dated 21.07.2016 passed in LPA No. 479 of 2014 of the Co-ordinate Bench. However, copy of the order dated 21.07.2016 has not been placed on record. That apart, there is delay of about one year in filing MJC No. 2268 of
Patna High Court MJC No.2268 of 2017(6) dt.20-03-2024 2/2
(P. B. Bajanthri, J)
(Alok Kumar Pandey, J)
GAURAV S./-
U
2 issues framed by the court
Whether the Miscellaneous Jurisdiction Case application filed for recalling a coordinate bench order can be allowed considering the delay and lack of condonation of delay?
Whether the State's inaction and failure to place copies of relevant orders on record justifies dismissal of the application?
The State Of Bihar and Ors.
P. B. Bajanthri
Alok Kumar Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
