Nandini Devi @ Nandini Priya Vs Birendra Kumar Jha — Patna HC (2025) — LawSathi Research

Nandini Devi @ Nandini Priya Vs Birendra Kumar Jha — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Appeal dismissed for non-compliance of office objection(s); appellant permitted to apply to the concerned Family Court for rectification of its order dated 12.09.2018; cost of Rs. 5,000 imposed payable to Lawyers' Association Welfare Benevolent Fund, Patna.

Issue for consideration

Whether Miscellaneous Appeal No.613 of 2019, pending since the office objection of 17.10.2019 with objection serial no. 16 unrectified, should be dismissed for non-compliance of office objection(s).

Ratio / Principle

Miscellaneous Appeal No.613 of 2019 stands dismissed for non-compliance of office objection(s), the appellant having shown no interest in rectifying office objection serial no. 16 raised on 17.10.2019 even after lapse of about six years.

Key takeaways

The appellant is permitted to make necessary application before the concerned Family Court for rectification of the Family Court order dated 12.09.2018 in the manner known to the law.ratio¶13
The dismissal is with cost of Rs. 5000/- (Rupees Five Thousand Only), to be remitted to the Lawyers' Association Welfare Benevolent Fund, Patna (Account No. 7801893276, IFSC Code- IDIB000l501).ratio¶16

Detailed headnote1 paragraphs

Patna High Court (Bench of P. B. Bajanthri and Alok Kumar Sinha, JJ.; oral order per P. B. Bajanthri, J.), 04-04-2025: Miscellaneous Appeal No.613 of 2019 dismissed for non-compliance of office objection(s). Office objection no. 16 had been raised on 17.10.2019 and lay unrectified for about six years; learned counsel for the appellant stated that rectification was beyond his control since correction was required in the Family Court judgment/order dated 12.09.2018. The appellant was permitted to move the concerned Family Court for rectification of that order in the manner known to the law. Dismissal was with cost of Rs. 5,000/- (Rupees Five Thousand Only), to be remitted to the Lawyers' Association Welfare Benevolent Fund, Patna (Account No. 7801893276, IFSC Code- IDIB000l501). No statute or precedent was cited in this brief order.

IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Appeal No.613 of 2019

======================================================

Nandini Devi @ Nandini Priya Wife of Birendra Kumar Jha and Daughter of Suman Thakur Resident of Mohalla / Village and P.O.- Baijani, P.S.Jagdishpur, District- Bhagalpur.

... ... Appellant/s

Versus

Birendra Kumar Jha Son of Jai Prakash Jha Resident of village - Kamalpur, P.O.- Punsia, P.S.- Barahat, District- Banka.

... ... Respondent/s

====================================================== Appearance : For the Appellant/s : Mr.Vivekanand Vivek Mr.Rang Nath Pandey For the Respondent/s : Mr. ======================================================

CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and

HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER

(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)

4 04-04-2025 For non-compliance of office objection(s), the

present appeal stands dismissed. Learned counsel for the appellant submitted that it is beyond his control to rectify the office objection at serial no. 16, since certain correction is required in the Family Court judgment/order dated 12.09.2018. It is to be noted that office has raised objection on 17.10.2019 and we are in the year 2025, the appellant/appellant counsel has no interest to rectify the office objection even after lapse of about six years. The appellant is permitted to make necessary application before the concerned Family Court for rectification of order dated 12.09.2018 in the manner known to the law.

Patna High Court MA No.613 of 2019(4) dt.04-04-2025 2/2

Accordingly, the present Miscellaneous Appeal No.

613 of 2019 stands dismissed with cost of Rs. 5000/- (Rupees Five Thousand Only). Cost shall be remitted in the Lawyers’ Association Welfare Benevolent Fund, Patna bearing Account No. 7801893276, IFSC Code- IDIB000l501.

(P. B. Bajanthri, J)

( Alok Kumar Sinha, J)

abhishekkr/-

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