C.M.P./25/2014 of DEPUTY COMMISSIONER HAZARIBAGH Vs MURTI MAHTO on 21 December 2018

IN THE HIGH COURT OF JHARKHAND AT RANCHI C.M.P. No.25 of 2014

------

Deputy Commissioner, Hazaribagh, P.O. & P.S. Hazaribagh, District-Hazaribagh .... .... …. Petitioner

Versus

Murti Mahto, son of Baijan Mahto, resident of village- Lathiya, P.O. .... & P.S. Barhi, District- Hazaribagh ... .... Opposite Party

------

CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY------ For the Petitioner : Mr. Md. Shamim Akhtar, Advocate For the Opposite Party : Mr. Ramawatar Choubey, Advocate

------

Order No.07 Dated- 21.12.2018

Heard the parties.

This C.M.P. has been filed with a prayer for restoration of the First Appeal No.84 of 2011 to its original file.

Learned counsel for the petitioner submits that First Appeal No. 84 of 2011 was dismissed on 18.10.2013 for non-compliance of the peremptory order of the court dated 25.09.2013 to pay the deficit court fee. It is further submitted that the deficit court fee has been paid on 20.02.2014 and that the petitioner has very good grounds to agitate in the said appeal and unless First Appeal No.84 of 2011 is restored to its original file, the petitioner will suffer irreparable loss and injury and will be highly prejudiced. Hence, it is submitted that First Appeal No.84 of 2011 be restored to its original file.

Considering the facts and circumstances of the case, the prayer to restore First Appeal No.84 of 2011 to its original file is allowed.

List First Appeal No.84 of 2011 after a week at the stage at which it was on 18.10.2013.

This C.M.P. stands allowed.

. (Anil Kumar Choudhary, J)