M/S New India Assurance Company ... vs Hasroon Nissa And Ors
2022 Latest Caselaw 2049 Jhar

IN THE HIGH COURT OF JHARKHAND AT RANCHI
                  M.A. No.193 of 2012
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M/s New India Assurance Company Ltd.

.... .... .... Appellant Versus Hasroon Nissa and Ors. .... .... ....Respondents

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CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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     For the Appellant                   : Ms. Nisha Thakur, Advocate
     For the Resp. Nos.1 to 9            : None
     For the Resp. No.10                 : Mr. Prashant Vidhyarthi, Advocate
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     Order No.09 Dated- 06.06.2022
     I.A. No.6167 of 2016

Heard the learned counsel for the appellant and learned counsel for the respondent no.10 but no one turns up on behalf of the respondent nos.1 to 9 in spite of repeated calls.

I.A. No.6167 of 2016 has been filed with prayer to condone the delay of 3801 days in filing this miscellaneous appeal. It is further submitted that the appellant filed Review Case No.02 of 2005 before the court below for the review of the impugned judgment which was disposed of on 05.06.2012 and because of the same the appellant could not file appeal within stipulated time. It is then submitted that the appellant has very good grounds to agitate in this appeal different from the grounds mentioned in the review the petition and unless the delay in filing this appeal is condoned, the appellant will be highly prejudiced.

Mr. Prashant Vidyarthi, learned counsel appearing for the respondent no.10 has no serious objection to the prayer of condonation of delay.

Considering the aforesaid facts, the delay in filing the appeal is condoned.

I.A. No.6167 of 2016 is allowed accordingly.

(Anil Kumar Choudhary, J.) M.A. No.193 of 2012 This appeal will be heard.

Admit.

Call for Lower Court Record from the court concerned. Let notice be issued to respondent nos.1 to 9 under registered post with A/D as well as under ordinary process for which requisites etc. must be filed within four weeks by the appellant, failing which, this appeal shall stand dismissed without further reference to the Bench.

Rule is made returnable within six weeks. List this appeal after receipt of the service report of the notice issued to the respondent nos.1 to 9.

(Anil Kumar Choudhary, J.) Pappu/