Hon'ble Justice Rajiv Roy dismissed a miscellaneous application in the High Court at Patna. The court held that a petition to restore a second appeal that was previously dismissed as time-barred was not maintainable, and consequently, the present petition was dismissed. NULLHECOMAT
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IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.288 of 2024
In
SECOND APPEAL No.355 of 2017
======================================================
Tula Yadav Son of Late Tilak Yadav, Resident of Village Simra, P.S. and P.O.Mohanpur, District - Gaya.
... ... Petitioner/s
Versus
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mrs. Alka Singh, Advocate For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 01-08-2024 Heard Mrs. Alka Singh, learned counsel for the
petitioner.
petitioner earlier challenging the judgment and decree dated
28.10.2016, passed by the learned Additional District Judge, 1st,
Patna High Court MJC No.288 of 2024(2) dt.01-08-2024
2/2
Gaya. It was taken up on 02.12.2019 by a coordinate Bench and
the short order read as follows:-
“Perused the office note dated 29-11-2019, I.A. No. 5143 of 2017, filed for condoning the delay in filing the present appeal, stood dismissed due to non-compliance of the order dated 26-09-2019.
Considering the same, the present appeal stands dismissed as time barred.”
of 2017 itself has been dismissed as time barred, there is no question of its restoration.
dismissed.
(Rajiv Roy, J)
Adnan/-
U
1 issue framed by the court
Whether a petition seeking restoration of a second appeal dismissed as time barred lies when the original appeal was already time-barred.
Tula Yadav
Gopi Yadav
Basanti Devi
Mahesh Yadav
Shardha Devi
Pintu Yadav
Rajiv Roy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
