High Court Jharkhand High Court

Etwa Pahan vs Rupan Devi & Ors on 29 June, 2011

Jharkhand High Court
Etwa Pahan vs Rupan Devi & Ors on 29 June, 2011
           IN THE HIGH COURT OF JHARKHAND AT RANCHI

                        W.P.(C) No. 2781 of 2011

           Etwa Pahan                        ...   ....Petitioner

                             Vs.
            Rupan Devi and others ....       ....Respondents

CORAM:     HON'BLE MR. JUSTICE PRASHANT KUMAR

           For the Petitioner:       Mr. Amit Kumar
           For the Respondents:      Mr.


2/29.06.2011

: It appears that the learned court below treated application
of petitioner ( Annexure-2) as an application for condonation of delay
and had come to the conclusion that in the said application sufficient
cause has not been shown for condonation of delay for filing
execution case.

However, from perusal of impugned order, it appears that the
learned court below had not made any enquiry and/or given any
opportunity to the petitioner to adduce evidence in support of his case.

Issue notice to Resp Nos. 1 to 4 as to why this application be not
disposed of at the admission stage itself, under registered cover with
A/D as well as by ordinary process for which requisites etc. must be
filed within one week failing which this application shall stand rejected
without further reference to a Bench.

( Prashant Kumar,J.)

Sharda/-