Extracted from the PDF above. The PDF is authoritative.
[2025:JHHC:17953] IN THE HIGH COURT OF JHARKHAND AT RANCHI
C.M.P. No.212 of 2025
------ Gangadhar Rajwar aged about 63 years son of late Jagdish Rajwar, resident of Village and P.O. Bhojudih, P.S.- Chandankiyari, District- Bokaro (Jharkhand) … Petitioner
Versus Ram Prasad Rajwar, son of late Jagdish Rajwar, resident of Village and P.O. Bhojudih, P.S.- Chandankiyari, District- Bokaro (Jharkhand)
… Opposite Party
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CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
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For the Petitioner : Dr. (Mrs). Vandana Singh, Advocate For the Opp. Party : Mr. Sunil Singh, Advocate
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Order No:-03 Dated- 04-07-2025
I.A. No.1229 of 2025
Heard the parties.
Learned counsel for the petitioner submits that this interlocutory application has been filed with a prayer to condone the delay of 23 days in filing the instant C.M.P. It is further submitted that the appellant could not immediately arrange the documents, which were required to file the instant C.M.P. and by the time he could arrange the documents, the delay had already occurred. It is further submitted that the petitioner is an old person living in village and is not acquainted with the procedural law. It is next submitted that the delay caused in filing the instant C.M.P. is neither deliberate nor intentional. It is next submitted that the petitioner has very good grounds to agitate in the instant C.M.P. and unless the delay in filing the instant C.M.P. is condoned, the petitioner will be highly prejudiced. Hence, it is submitted that the delay of 23 days in filing the instant C.M.P., be condoned.
Considering the facts and circumstances of the case, the delay of 23 days in filing the instant C.M.P. is condoned.
Accordingly, this interlocutory application stands allowed.
(Anil Kumar Choudhary, J.)
C.M.P. No.212 of 2025
This civil miscellaneous petition has been filed by the petitioner with a prayer for restoration of F.A. No.132 of 2023 to its original file which stood dismissed for non-compliance of the peremptory order dated 18.09.2024 passed by this Court.
It is submitted by the learned counsel for the petitioner that F.A. No.132 of 2023 stood dismissed for non-compliance of the peremptory order dated 18.09.2024 passed by this Court to remove the defects pointed out by the stamp reporter. It is next submitted that the clerk of the conducing counsel informed the appellant for obtaining the documents about removal of the defects and by the time he could arrange the documents, the peremptory time to remove the defects, was already over, hence, the same resulted in dismissal of the said F.A. No.132 of 2023. It is next submitted that non-compliance of the said order dated 18.09.2024 within the stipulated time was neither deliberate nor intentional. It is also submitted that the petitioner has very good grounds to agitate in the said F.A. No.132 of 2023 and unless the same is restored to its original file, the petitioner will be highly prejudiced. Hence, it is submitted that the F.A. No.132 of 2023 be restored to its original file.
Learned counsel for the opposite party has not raised any serious objection.
Considering the aforesaid submission of the learned counsel for the petitioner, F.A. No.132 of 2023 is directed to be restored to its original file at the same stage at which it was before its dismissal.
At this stage, it is jointly submitted by the learned counsel for the petitioner and the opposite party that since a Special Mediation Drive- Mediation for the Nation is going on; therefore, the parties are desirous of settling their dispute through mediation, hence, both the appellant and respondent of F.A. No.132 of 2023 are directed to appear before the Secretary,
High Court of Jharkhand Legal Services Committee on 23rd of July, 2025 and the Secretary, High Court of Jharkhand Legal Services Committee is directed to entrust the matter to one competent mediator for mediation.
Let a copy of this order be supplied to the Secretary, High Court of Jharkhand Legal Services Committee for compliance.
Registry is directed to list F.A. No.132 of 2023 before the concerned Bench after six weeks.
This civil miscellaneous petition is disposed of accordingly.
(Anil Kumar Choudhary, J.) Animesh/