IN THE HIGH COURT OF JHARKHAND AT RANCHI
C.M.P. No.60 of 2006
Rajobala Devi and others ... ... ... ... Petitioners
Versus
Babi Mahatani and others ... ... ... ... Opp. Parties
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CORAM: THE HON'BLE MR. JUSTICE M. Y. EQBAL
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For the Petitioners: Mr. H.K. Mahato
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7/ 04.11.2009
In the facts and circumstances of the case, the limitation
application (I.A. No.244 of 2006) is allowed and delay in filing the
instant restoration application is condoned.
Heard the learned counsel appearing for the petitioners and
perused the application which has been filed for restoration of First
Appeal No.95 of 1999(R) which stood dismissed for non-
compliance of order dated 13.3.2000.
The First Appeal was originally filed before this Court and
by order dated 13.3.2000, six weeks’ time was allowed for filing
deficit court fee and authentication fee. Since the order was
peremptory in nature, the Office gave a note that the appeal stood
dismissed for non-compliance of order dated 13.3.2000. In the
meantime, because of increased pecuniary jurisdiction of the
District Judge, the appeal was sent to the District Judge, Seraikella.
The District Judge, Seraikella after receiving the records of First
Appeal No.95 of 1999, issued notice to both the parties. On
19.12.2005 when the record of the First Appeal was put up before
the District Judge, Seraikella, it was pointed out by the advocate
that the appeal stood dismissed while pending in the High Court
for non-compliance of order dated 13.3.2000. The District Judge
after perusal of the order and the notes given by the office of the
concerned section of the High Court, held that the appeal cannot
proceed. This has necessiated filing of the instant application for
restoration. Although in the restoration application, the reasons
have been shown for non-compliance of the order dated 13.3.2000,
but till date, the Court fee amount has neither been paid before this
Court in appeal nor before the District Judge after the record of
First Appeal was transferred.
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Considering the facts of the case, the First Appeal No.95 of
1999(R), which was re-numbered as Title Appeal No.41 of 2003
before the District Judge, Seraikella, is restored subject to following
conditions: –
(1) The appellants shall deposit the deficit court fee in
the Court below within two weeks from today.
(2) The appellants shall deposit a cost of Rs.10000/-
(Rupees Ten thousand) in the Court below which
shall be paid to the respondents.
Let the record of First Appeal be immediately sent to the
Court of District Judge, Seraikella for hearing and disposal.
This restoration application stands disposed of.
(M. Y. Eqbal, J)
Manoj/cp.2