IN THE HIGH COURT OF JUDICATURE AT PATNA
LETTERS PATENT APPEAL No.1777 of 2010
In
CWJC No. 14199 of 2010
With
I.A. No. 9541 of 2010
In
LETTERS PATENT APPEAL No.1777 of 2010
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The Union of India & Ors.
Versus
IC 38558Y Colonel Sarat Chandra Mishra & Ors.
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Appearance :
For the Appellant: Mr Raghib Ahsan, Sr. Advocate
Mr. Shiv Kumar, C.G.C.
For the Respondent No. 1: Mr. Sudhir Singh
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE JYOTI SARAN
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
02. 04.11.2010 Reg: I.A. No. 9541 of 2010
This application under Section 5 of the Limitation
Act is filed by the appellant for condonation of delay of 7 days
occurred in filing the Letters Patent Appeal.
On the facts and in the circumstances of the case,
the delay is condoned. Interlocutory Application stands
disposed of.
Reg: L.P.A. No. 1777 of 2010
This Appeal under Clause 10 of the Letters Patent
is preferred against the order dated 3rd September 2010 made by
2
the learned Single Judge pending C.W.J.C. No. 14199 of 2010.
The learned Single Judge has rejected the defence of jurisdiction
of this Court raised by the respondent-Union of India on his
petition to be heard on merit. The Appeal is preferred insofar as
the learned Single Judge has rejected the defence of jurisdiction.
As the matter is pending before the learned Single
Judge, we do not entertain this Appeal. We may, however,
observe that in the event the final order made by the learned
Single Judge is against the Union of India, the Union of India
will be at liberty to challenge the same on the grounds available
including the ground of jurisdiction, territorial or otherwise.
Subject to the above observations, the Appeal is
dismissed in limine.
(R.M. Doshit, CJ.)
(Jyoti Saran, J.)
S.Sb/-