Patna High Court - Orders
Musmat Shanti Devi vs Lallu Ram on 13 July, 2023
Author: Arun Kumar Jha
Bench: Arun Kumar Jha
IN THE HIGH COURT OF JUDICATURE AT PATNA
CIVIL REVISION No.31 of 2023
In
CIVIL MISCELLANEOUS JURISDICTION No.770 of 2018
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Musmat Shanti Devi
... ... Petitioner/s
Versus
Lallu Ram
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Awadhesh Prasad Sinha, Advocate
For the Respondent/s : Mr. Deepak Kumar, Advocate
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CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
10 13-07-2023A supplementary affidavit has been filed on behalf of the petitioners in addition to the I.A. No. 1 of 2023, which was filed earlier under Section 5 of the Limitation Act.
2. Learned counsel for the petitioners submits that earlier the petitioners filed Civil Miscellaneous Case No. 770 of 2018 for setting aside the order dated 05.12.2017 passed in Title Suit No. 15 of 2016 by the learned Sub-Judge, Jagdishpur. However, after hearing the parties, on the directions of the Co- ordinate Bench of this Court, Civil Miscellaneous No. 770 of 2018 was converted into Civil Revision. During checking of the petition, office has pointed out that there was delay of 63 days in filing the civil revision petition. Learned counsel further submits that there was no delay in filing the original case i.e. Civil Miscellaneous Case No. 770 of 2018. However, due to wrong advise of the learned counsel, instead of civil revision petition, Patna High Court C.R. No.31 of 2023(10) dt.13-07-2023 2/2 civil miscellaneous case was filed and due to this reason delay of 63 days has occurred. Learned counsel further reiterated that this delay has been occurred due to wrong advise of the learned counsel of the petitioners and there is sufficient ground for condoning the delay in filing the instant revision petition. In this regard, learned counsel has relied on various decisions reported in AIR 1972 S.C. 749, A.I.R 1972 S.C. 1973, A.I.R. 1972 S.C. 730 and A.I.R. 1980 Patna 143. Learned counsel for the petitioners submits that copies of the limitation petition have been supplied to the learned counsel for the respondents/opposite party.
3. Having regard to the facts and circumstances and submissions made on behalf of the parties, I think sufficient ground has been shown for condoning the delay in filing the present revision petition.
4. Accordingly, the delay in filing the revision petition is condoned and I.A. No. 1 of 2023 stands allowed.
5. List this case on 27.07.2023 under appropriate heading.
(Arun Kumar Jha, J) balmukund/-
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