Patna High Court - Orders
Mohammad Mahgu vs Pradeep Kumar Vyahut on 5 April, 2024
Author: Partha Sarthy
Bench: Partha Sarthy
IN THE HIGH COURT OF JUDICATURE AT PATNA
CIVIL REVISION No.180 of 2019
======================================================
Mohammad Mahgu
... ... Petitioner/s
Versus
Pradeep Kumar Vyahut
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajesh Kumar, Advocate
For the Respondent/s : None
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
7 05-04-2024Re. I.A no.1 of 2019.
1. The instant application under section 5 of the Limitation Act has been filed for condoning the delay of about 6 months 6 days in filing of the Civil Revision application.
2. Learned counsel for the petitioner submits that limitation for preferring the application against the order impugned dated 21.12.2018 expired on 19.2.2019. The application having been filed on 28.8.2019, there is a delay of 6 months 6 days in filing of the same.
3. It is further submitted by learned counsel for the petitioner that under an erroneous advice, the petitioner had filed Civil Miscellaneous Jurisdiction no.438 of 2019 in this Court on 25.2.2019 which was dismissed as not maintainable by order dated 19.7.2019 giving liberty to the petitioner to file a statutory revision as provided under section 14 (8) of the BBC Act. The Patna High Court C.R. No.180 of 2019(7) dt.05-04-2024 2/2 said order with liberty having been passed on 19.7.2019, the petitioner applied for certified copy of the judgment and on obtaining the same, immediately filed this application on 28.8.2019. Hence, it is prayed that the delay in filing of the application being condoned, the application be heard and decided on its own merits.
4. No one appears on behalf of the opposite party inspite of service of notice.
5. Having heard learned counsel for the petitioner and having gone through the contents of the petition, the Court is satisfied that the petitioner has made out a case for condonation of delay in filing of the instant revision application.
6. The delay in filing of the revision application is condoned.
7. I.A no. 1 of 2019 is allowed.
8. List this case under the heading 'For Admission' in its turn.
(Partha Sarthy, J) Shiv/-
U