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2025 DAILYLAW 9793 (JHR)

DEBASHISH PAUL @ DEBASISH PAUL v. MILY ROY CHOUDHURY

C.M.P./403/2025 · 2025-08-12

Gautam Kumar Choudhary

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Judgment text

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2025:JHHC:23352 IN THE HIGH COURT OF JHARKHAND AT RANCHI C M. P. No. 403 of 2025 ----- 1. Debashish Paul @ Debasish Paul, S/o Late Sunil Kumar Paul, R/o Block-B, Flat No. 505, Sunrise Enclave, Dhirajgang, Chota, Gamharia, P.O. & P.S.-Gamharia, Seraikela-Kharsawan, Jharkhand 2. Tapas Kumar Paul @ Tapash Kumar Paul, S/o Late Sunil Kumar Paul, R/o House No. 1, West Road, Gobind Nagar, P.O. & P.S.-Kadma, Jamshedpur, Dist.-East Singhbhum … …. Petitioners Versus 1. Mily Roy Choudhary, W/o Late Siba Prasad Choudhary, R/o Block 4/3, Amrita Apratment, River Meet Road, Behind Mouni Baba Ashram, P.O. & P.S.-Sonari, Jamshedpur, Dist.-East Singhbhum 2. Poly Sarkar, W/o Apurba Ranjan Sarkar, D/o Late Sunil Kumar Paul, R/o Flat No. B/15/D, Phase-9, Adarsh Nagar, P.O. & P.S.-Sonari, Jamshedpur, Dist.-East Singhbhum … …. Opp. Parties ----- CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY ----- For the Petitioners : Mr. Alok Kr. Verma, Advocate For the Opp. parties : Ms. Snehlika Bhagat, Advocate ----- Oral Order 07 / Dated : 12.08.2025 1. Defendants/petitioners are before this Court against the order dated 31.01.2025 for restoration of Original Title (P) Suit No. 144 of 2019 under Order IX Rule 9 of CPC. 2. Plaintiffs’ suit was dismissed for default vide order dated 14.03.2023 and the suit was restored, inter alia, on the ground that the plaintiffs were not aware of the stage of suit and non-appearance was not intentional, as the applicants are old aged widow ladies and they were unaware that the case was fixed for evidence. 3. The order has been impugned on the ground that the period of limitation for restoration of the suit is thirty days, whereas in the instant case it has been restored after a long lapse of time. 4. Having gone through the impugned order, I do not find any infirmity in the impugned order. This civil miscellaneous petition is, accordingly, dismissed. Pending, I.A. if any, stands disposed of. (Gautam Kumar Choudhary, J.) AKT/Satayendra