M/S GOOD BOOKS EDUCATIONAL TRUST THROUGH ITS GENERAL MANAGER PRAVIR JAMES SIMES v. DAYAMANI KOMBOL BAHA
C.M.P./140/2024 · 2025-09-12
Anil Kumar Choudhary
body2025
DailyLaw.ai
[ 2025 DAILYLAW 6699 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 6699 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
( 2025:JHHC:28032 ) IN THE HIGH COURT OF JHARKHAND AT RANCHI
C.M.P. No.140 of 2024
------ M/s Good Books Educational Trust, A Trust registered under the Indian Trust Act, having its registered office at Good Books Building, Main Road, Ranchi, P.O.-Church Road, P.S.-Lower Bazar, District- Ranchi, Jharkhand through its General Manager, Pravir James Simes aged about 60 years, son of Ranbir Kumar Simes, Resident of Lal Siromtoli, P.O.-Chutia, P.S.-Chutia, District-Ranchi, Jharkhand.
… Petitioner
Versus Dayamani Kombol Baha wife of Sri Nimrod Toppo, Resident of Bosco Nagar, Road No.3, Singh More, Hesang, Hatia, P.O./P.S. Jagarnathpur, District-Ranchi, Jharkhand.
… Opposite Parties
------
CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
------
For the Petitioner : Mr. Jorong Jedan Sanga, Advocate For the OP
: Mr. Atanu Banerjee, Advocate
------
Order No:-04 Dated:-12-09-2025
Heard the parties.
This civil miscellaneous petition has been filed by the petitioner with a prayer for restoration of W.P.(L). No.5502 of 2023 to its original file which stood dismissed for non-prosecution on 16.01.2024.
It is submitted by the learned counsel for the petitioner that W.P.(L). No.5502 of 2023 stood dismissed for non-prosecution on 16.01.2024 by this Court. It is next submitted that the learned counsel for the petitioner was suffering from high fever and cold and could not inform his junior counsel to pray for adjournment, hence, the learned counsel for the petitioner could not appear before this Court when the said W.P.(L). No.5502 of 2023 was called out resulting in dismissal of the said W.P.(L). No.5502 of 2023 for non-prosecution. It is next submitted that non-prosecution before this Court on 16.01.2024 was neither deliberate nor intentional. It is also submitted that the petitioner has very good grounds to agitate in the said W.P.(L). No.5502 of 2023 and unless the same is restored to its original file, the petitioner will be
highly prejudiced. Hence, it is submitted that the W.P.(L). No.5502 of 2023 be restored to its original file.
Learned counsel appearing for the opposite party has not raised any serious objection.
Considering the aforesaid submission of the learned counsel for the petitioner and the facts of this case, W.P.(L). No.5502 of 2023 is
directed to be restored to its original file at the same stage at which it was before its dismissal.
Registry is directed to list W.P.(L). No.5502 of 2023 before the concerned Bench after a week.
This Civil Miscellaneous Petition is disposed of accordingly.
(Anil Kumar Choudhary, J.) Abhiraj/