BIHAR SARKAR Vs. KRIPA SHANKAR JHA

JUDGEMENT

(1.) The present interlocutory application has been filed for condonation of delay of 872 days (excluding the Covid-19 period) in filing the connected restoration petition, seeking restoration of an earlier restoration petition bearing MJC No. 4235 of 2014 (arising out of Second Appeal No. 107 of 2014).

(2.) The present case has a chequered history, which would be apparent from the facts being narrated hereinbelow. A Title suit bearing Title Suit No. 369 of 2000 was filed by the petitioner herein, however, the same was dismissed by a judgment dtd. 20/8/2009 and decree dtd. 24/8/2009, passed by the Ld. Senior Civil Judge Vth, Purnea, which was then challenged by the petitioner herein, by filing an appeal bearing Title Appeal No. 58 of 2009, nonetheless, the same has also stood dismissed by a judgment dt. 24/5/2013 & decree in appeal dt. 6/6/2013, passed by the 1st Additional District Judge, Purnea. The petitioner had then filed the connected second appeal bearing Second Appeal No. 107 of 2014, after a delay of about 247 days.

(3.) The Lawazima Board, by an order dtd. 23/7/2014, passed in Second Appeal No. 107 of 2014, had granted four weeks' time for removal of the defects including payment of the Court fees, however, the defects were not removed, whereafter the aforesaid second appeal was listed before a coordinate Bench of this Court on 15/9/2014 and it was observed that in spite of order dtd. 23/7/2014, passed by the Lawazima Board, the defects, as pointed out by the office, have not been removed, nonetheless, three weeks' peremptory time was granted to the appellant i.e. the petitioner herein to remove the defects, however, the defects were not removed within the peremptory time, granted by a coordinate Bench of this Court, vide order dtd. 15/9/2014, leading to dismissal of the second appeal on 8/10/2014. The petitioner herein had then filed a restoration petition bearing MJC No. 4235 of 2014, which was heard on 6/4/2016 and was allowed, however, subject to removal of defects, as pointed out by the registry in Second Appeal No. 107 of 2014, within a period of two weeks and further subject to deposit of a cost of Rs.250.00 with the Patna High Court, Legal Services Committee and filing receipt thereof within ten days. However, on account of non-compliance of the aforesaid peremptory order dtd. 6/4/2016, the second appeal could not be restored, resulting in status of the second appeal, as having been dismissed for default on 8/10/2014, remaining intact.