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2025 DAILYLAW 25930 (JHR)

RAM SEWAK PASWAN v. THE STATE OF JHARKHAND

C.M.P./916/2024 · 2025-01-10

Sri Ananda Sen

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI C.M.P. No. 916 of 2024 ----- Ram Sewak Paswan, S/o Late Daraf Lal Paswan ------ Petitioner(s) Versus The State of Jharkhand & Others. ------ Opp. Party(s) …… CORAM : SRI ANANDA SEN, J. ------ For the Petitioner(s) : Mr. Santosh Kumar, Advocate Mr. Alok Lal, Advocate For the Opp. Party(s) : Mr. Krishna Kumar Bhatt, AC to S.C.-I For the Bihar : Mr. Binit Chandra, Advocate …...... 04 / 10.01.2025: This Interlocutory Application has been filed for condoning the delay of about 1141 days in filing this petition. 2. In view of submissions made in this petition, the delay of 1141 days in filing the instant C.M.P. is condoned. 3. Accordingly, this application (I.A. No.10659 of 2024) stands allowed. C.M.P. No. 916 of 2024 4. This is an application for restoration of S.A. No.215 of 2010 to its original file, which was dismissed for default for non-compliance of the order. 5. Learned counsel for the petitioner submits that defect(s) has already been removed by filing the certificate which is evident from the office note dated 26.09.2022. He submits so far as the defect(s) in respect of service of copy to the Home guard is concerned, the same was ignored. 6. It is his contention that the office could not have dismissed the case for default, in view of the aforesaid position. 7. Considering the submission of the petitioner and after going through the office note, I find that the office has committed a mistake in dismissing this second appeal. The second appeal is restored to its original file. Accordingly, C.M.P. No.916 of 2024 is allowed. (ANANDA SEN, J.) R.S.