2025:JHHC:25218 IN THE HIGH COURT OF JHARKHAND AT RANCHI C.M.P. No. 766 of 2025 ------ Ajay Kumar Choubey, son of Late Nandlal Choubey, resident of Neel Kamal Bhawan, Matwari, P.O. & P.S. Korrah, District Hazaribagh .... .... …. Petitioner Versus Sunder Ram Raut, son of Late Sakhi Chand Ram Raut, resident of Village Matwari, P.O. & P.S. Korrah, District Hazaribagh .... .... .... Opposite Party CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY For the Petitioner : Mr. Deepak Kumar Dubey, Advocate Ms. Rashi Sharma, Advocate Ms. Ruhi Dubey, Advocate For the Opp. Parties : Order No.04 / Dated : 25.08.2025 Petitioner/defendant is aggrieved by the order dated 19.08.2024 passed in Civil Appeal No.41/2024 by which the said appeal has been admitted condoning the delay in preferring the appeal without hearing the petitioner/defendant. 2. It is submitted by learned counsel on behalf of petitioner that the suit of the plaintiff is barred by res-judicata and was dismissed by the learned trial Court. The plaintiff preferred the first appeal which was barred by limitation and the same has been condoned and that too without issuing the notice in terms of Order XLI Rule 3A of the CPC. It is also submitted that after dismissal of the earlier suit filed by the plaintiff in which order of dismissal had attained finality, plaintiff/opposite party has initiated fresh round of litigation only to harass the petitioner/defendant. 3. I have perused the copy of the orders of the first appellate Court enclosed with the instant civil miscellaneous petition. It appears that mandate of law under Order XLI Rule 3A of the CPC has not been complied with and the delay is condoned without hearing the petitioner. Under the circumstance, impugned order is set aside and the learned first appellate Court is directed to pass order afresh after hearing the present petitioner/defendant on the issue of condonation of delay in filing the first appeal. Civil Miscellaneous Petition is accordingly, disposed of. Interlocutory Application, if any, is disposed of. (Gautam Kumar Choudhary, J.) Anit