Parmanand Rai v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.863 of 2018 In Civil Review No.275 of 2011 ====================================================== Parmanand Rai Son of Late Deyali Rai, Resident of Mohalla Sandalpur, Home No. B/89, Biscomaun Colony Alamganj, Tol, Patna and Stenographer retired of Bihar Co-operative Marketing Union Ltd, West Gandhi Maidan, Patna- 1.
... ... Appellant
Versus
1. The State of Bihar represented through Chief Secretary, Government of Bihar, Old Secretariat, Patna.
2. The Registrar, Department of Co-operative Society, Government of Bihar, New Secretariat Building, Patna
3. The Bihar State Co-operative Marketing Union Ltd. (Biscomaun) West Gandhi Maidan, Patna represented through its Managing Director.
4. The Managing Director-cum-Administrator, Bihar State Co-operative Marketing Union Ltd West Gandhi Maidan, Patna-1
5. Sri Rana Shankar Kumar, Retired Secretary to Managing Director, Biscomaun, Patna, Resident of Biscomaun Colony, House No. B/52, P.O. Gulzarbagh, Police Station- Alamganj, District- Patna. ... ... Opposite Parties ====================================================== Appearance :
For the Appellant :
Mr. Anil Singh, Advocate.
For the Opposite Parties:
Mr.Amit Prakash, GA-13 ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN and HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE VIKASH JAIN) Date : 13-02-2019 The present petition has been filed for restoration of Civil Review No. 275 of 2011 (arising out of LPA no. 586 of 2010 disposed of on 04.07.2011) which stood dismissed on 17.11.2014.
2. It is submitted on behalf of the appellant that the civil review petition in Civil Review No. 275 of 2011 stood dismissed by peremptory order dated 10.11.2014 by which the appellant was required to remove the defects by way of submitting paragraph of ground in respect
Patna High Court MJC No.863 of 2018 dt.13-02-2019 2/2 of the review petition. The pre-emptory order took effect on 17.11.2014 and the civil review stood dismissed in terms of the order dated 10.11.2014. The defect was removed on 18.11.2014 and thus compliance was belated by only a day. Such delay was bonafide and owing to sufficient reason.
3. Learned counsel for the State appears and has been heard.
4. For the reasons stated in the restoration petition, the prayer for restoration is allowed and Civil Review No. 275 of 2011 is restored to its original file.
5. MJC No. 863 of 2018 stands disposed of.
(Vikash Jain, J) Ibrar/BT ( Anjana Mishra, J) AFR/NAFR NAFR CAV DATE N.A.
Uploading Date 16.02.2019 Transmission Date N.A.