FA/636/1984 of MD.SHAMIM AHSAN Vs STATE on 10 November 1997

IN THE HIGH COURT OF JUDICATURE AT PATNAFirst Appeal No.636 of 1984

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Md.Shamim Ahsan .... .... Appellant/s Versus State .... .... Respondent/s ====================================================== with First Appeal No.632 of 1984====================================================== Md.Tanvir Alam .... .... Appellant/s Versus State .... .... Respondent/s ====================================================== with First Appeal No.633 of 1984====================================================== Md.Samim Ahsan .... .... Appellant/s Versus State .... .... Respondent/s ====================================================== with First Appeal No.634 of 1984====================================================== Md.Tanvir Alam .... .... Appellant/s Versus State .... .... Respondent/s ====================================================== with First Appeal No.635 of 1984====================================================== Md.Hafiz & Ors .... .... Appellant/s Versus State .... .... Respondent/s ====================================================== with First Appeal No.637 of 1984====================================================== Md.Hafiz .... .... Appellant/s Versus State

.... .... Respondent/s ====================================================== Appearance :(In FA No.636 of 1984) For the Appellant/s : Mr. F.A.Khan Mr. D.Nandan For the Respondent/s : Mr. (In FA No.632 of 1984) For the Appellant/s : Mr. F.A.Khan For the Respondent/s : Mr. (In FA No.633 of 1984) For the Appellant/s : Mr. F.A.Khan For the Respondent/s : Mr. (In FA No.634 of 1984) For the Appellant/s : Mr. F.A.Khan For the Respondent/s : Mr. (In FA No.635 of 1984) For the Appellant/s : Mr. F.A.Khan For the Respondent/s : Mr. (In FA No.637 of 1984) For the Appellant/s : Mr. F.A.Khan For the Respondent/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE V. NATHORAL ORDER

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No body appears on behalf of the appellants again.

However, Mr J.S.Arora, S.C. VI, for the respondent State of Bihar has appeared and has been heard.

It has been pointed out by Mr.Arora that by order dated 24.01.1986, F.A. Nos. 632 to 635 of 1984 and F.A. No. 637 of 1984 were made analogous with this appeal i.e. F.A.No.636 of 1984, and therefore, the filing of certified copies of the judgment under appeal was dispensed with. It has been further pointed out that the F.A.No.636 of 1984 stood dismissed for default, and thereafter, the matter has been placed for consideration as to Nitesh/- whether the analogous appeals shall continue or be taken to have been dismissed for default as well.

It has been submitted by Mr Arora, that the consequence of the dismissal of the remaining appeals after the dismissal of F.A.No.636 of 1984 may not follow and the appellants may be given opportunity to file certified copies of the judgment and decree in the remaining appeals in order to make those appeals competent after the dismissal of F.A.No.636 of 1984.

After considering the submissions of Mr Arora, the learned counsel for the respondent State of Bihar, it appears just and proper that the appellants in the remaining appeals i.e. F.A. Nos. 632 to 635 of 1984 and F.A. No. 637 of 1984 be directed to file certified copies of the judgment and award or take appropriate steps in that regard. The appellants are, accordingly, granted two weeks time to file certified copies of the judgment and award in the remaining appeals i.e. F.A. Nos. 632 to 635 of 1984 and F.A. No. 637 of 1984 or take appropriate steps in that regard.

(V. Nath, J)