Patna High Court - Orders
Chandeshwar Prasad vs Rajia Devi & Ors on 13 July, 2016
Author: V. Nath
Bench: V. Nath
Patna High Court C. REV. No.269 of 2015 (4) dt.13-07-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Review No.269 of 2015
In
SA 195 of 2013
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Chandeshwar Prasad
.... .... Petitioner/s
Versus
Rajia Devi & Ors
.... .... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Bal Bhushan Choudhary
For the Respondent/s : Mr.
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CORAM: HONOURABLE MR. JUSTICE V. NATH
ORAL ORDER
4 13-07-2016Heard the learned counsel for the parties in the interlocutory application (I.A.No.10014/2015) which has been filed for condonation of delay in filing this review application.
Earlier the notice was issued to the opposite parties and Mr.Manoj Kumar Sinha, advocate has appeared on behalf of the opposite parties. A counter affidavit has also been filed in the aforesaid interlocutory application on behalf of the opposite parties.
The averments made in the interlocutory application to the effect that the petitioner was suffering from heart problem and arthritis and due to the said reason the present petition could not be filed by him within time does not appear to have been denied in the counter affidavit filed on behalf of the opposite parties. The statement made in the counter affidavit Patna High Court C. REV. No.269 of 2015 (4) dt.13-07-2016 shows that the only objection raised is with regard to the non- filing of the documents supporting medical condition has alleged by the petitioner. In view of the non-denial of the basic fact regarding specific illness as pleaded by the plaintiff the objection with regard to non-filing of the medical proof in that regard becomes irrelevant.
After considering the submissions and the averments made in the limitation petition as well as the counter affidavit, the prayer made on behalf of the petitioner for condonation of delay in filing the review application, is allowed and the delay in filing the review application is condoned.
Accordingly, the interlocutory application is allowed.
(V. Nath, J) Nitesh/-
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