IN THE HIGH COURT OF JHARKHAND AT RANCHI
I.A. No. 1695 of 2011
In
W.P. (C) No. 2467 of 2006
Sudhamay Dey ...... Petitioner
Versus
Smt. Sarla Bala Dasi & ors. ...... Respondents
CORAM: HON'BLE MR. JUSTICE D.N. PATEL
For the Petitioner : Mr. Rohit Roy, Advocate
For the Respondents : Mr. Mahesh Tewari, Advocate
th
07/Dated: 18 July, 2011
1.
Learned counsel for the petitioner submitted that in pursuance of the
order passed by this Court in the present writ petition dated 25th April, 2011
while quashing the order dated 23rd February, 2006 in Title Suit No. 34 of
1999, the cost was imposed upon the original plaintiff and the plaint was
allowed to be amended with the cost of Rs. 2,500/. This amount was
ordered to be deposited within fifteen days from the date of receipt of a
copy of the order. It is submitted by learned counsel for the petitioner that
there is some delay in depositing the cost of Rs. 2,500/. The delay of
maximum 3/4 days has been caused mainly because of getting amount for
deposition. Now, the amount has already been deposited before the
concerned trial court in the suit proceeding.
2. In view of the aforesaid submission, this delay is hereby condoned. The
deposited amount will be permitted to be withdrawn by the original
defendants, upon proper application and identification. Consequently, the
amendment, which is already allowed, shall be carried out in the plaint.
3. I.A. No. 1695 of 2011 is allowed and disposed of.
(D.N. Patel, J.)
Ajay