Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JHARKHAND AT RANCHI C.M.P. No. 923 of 2024
------ Jaideo Kumhar
… Petitioner
Versus Dasrath Kumhar & Ors. … Opposite Parties
------
CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
------
For the Petitioner : Mr. Pratyush Kumar, Advocate For the Opp. Parties : Mr. Indrajit Sinha, Advocate ------
Order No.04 Dated- 07.02.2025
Heard the parties.
This civil miscellaneous petition has been filed at the instance of the petitioner for restoration of S.A. No. 224 of 2020 to its original file.
Learned counsel for the petitioner submits that S.A. No. 224 of 2020 was dismissed for non-compliance of the peremptory order of payment of cost of Rs.2,000/- by the appellant to the respondents. It is next submitted that due to bona fide mistake, the proof of payment of cost could not be filed in S.A. No. 224 of 2020 which resulted in the dismissal of the said second appeal. It is then submitted that the petitioner has complied the said peremptory order. It is further submitted that the non-compliance of the peremptory order was neither intentional nor deliberate. It is next submitted that the petitioner has very good grounds to agitate in S.A. No. 224 of 2020 and unless S.A. No. 224 of 2020 is restored to its original file, the petitioner will be highly prejudiced. Hence, it is submitted that the S.A. No. 224 of 2020 be restored to its original file.
The learned counsel for the opposite parties has no serious objection for restoration of S.A. No. 224 of 2020 to its original file.
Considering the aforesaid submission of the learned counsel for the petitioner, S.A. No. 224 of 2020 is restored to its original file to the stage at which, it was before its dismissal.
List S.A. No. 224 of 2020 under the appropriate heading before the appropriate Bench after a week.
Sonu-Gunjan/
(Anil Kumar Choudhary, J.)