Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JHARKHAND AT RANCHI C.M.P. No. 285 of 2023
----- Smt. Gambhira Devi & Ors. … Petitioners
Versus Promod Mahato & Anr. … Opposite Parties
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CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
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For the Petitioners : Mr. Kumar Nilesh, Advocate For the Opp. Parties : Mr. Sankalp Goswami, Advocate
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Order No.07 Dated- 21.03.2025
Heard the parties.
This civil miscellaneous petition has been filed at the instance of the petitioners for readmission of M.A. No. 153 of 2008 to its original file.
Learned counsel for the petitioner submits that M.A. No. 153 of 2008 was dismissed for default. It is next submitted by the learned counsel for the petitioners drawing attention of this Court to the supplementary affidavit dated 20.03.2025 that on the date of listing of M.A. No. 153 of 2008, the main counsel on record received urgent call from his maternal home and he has to leave for Lohardaga due to some personal reasons and due to hurry, he was unable to inform any other counsel , therefore, no one could appear before this Court when the case was called out and the same resulted in dismissal of M.A. No. 153 of
2008. It is further submitted that the non-appearance of the counsel for the appellants was neither intentional nor deliberate. It is next submitted that the appellants have very good grounds to agitate in M.A. No. 153 of 2008 and unless M.A. No. 153 of 2008 is restored to its original file, the appellants who are the petitioners herein will be highly prejudiced. Hence, it is submitted that the M.A. No. 153 of 2008 be restored to its original file.
Learned counsel for the opposite parties submits that the petitioners are deliberately delaying the disposal of the case with ulterior motive and harassing the opposite parties by lingering the same. Hence, in case the delay is condoned, the opposite parties be adequately compensated with costs.
Considering the aforesaid facts, M.A. No. 153 of 2008 is restored to its original file to the stage at which, it was before its dismissal subject to payment of costs of Rs.5,000/- by the petitioners to the opposite parties through the counsel appearing in the record, within six weeks, failing which, this conditional order shall not be given effect to and this civil miscellaneous petition shall stand dismissed being barred by limitation.
In case, the petitioners file the proof of payment of costs of Rs.5,000/- by the petitioners to the opposite parties through the counsel appearing in the record within six week, list M.A. No. 153 of 2008 under the appropriate heading before the appropriate Bench after a week.
(Anil Kumar Choudhary, J.)
Sonu-Gunjan/