Gopal Pradhan vs The State Of Jharkhand & Others .... ...
2025 Latest Caselaw 5340 Jhar

Jharkhand High Court

Gopal Pradhan vs The State Of Jharkhand & Others .... ... on 30 April, 2025

    IN THE HIGH COURT OF JHARKHAND AT RANCHI
                    Civil Revision No.35 of 2023

    Gopal Pradhan                                ....    Petitioner
                                 Versus
    The State of Jharkhand & Others              ....   Opposite Parties

Coram: HON'BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA

    For the Petitioner         : Mr. Shresth Gautam, Adv.
    For the Opp. Party Nos.1-2 : Mr. Sanjay Kumar Tiwari,(A.C. to S.C-I).
                                 Mr. Ankit Kumar, A.C. to S.C-I

 Order No.08/Dated- 30th April, 2025

  1. Perused the office note dated 26.04.2025. It appears that O.P.

    Nos. 06 to 10 have appeared though Vakalatnama, however, on

    call no one appeared.

  2. Notices upon O.P. Nos.3, 11 and 13 have been received by their

    sons. Notices of O.P. Nos.04 and 12 have been received by their

    brother and nephew, respectively. Hence, notices upon O.P.

    Nos. 3, 4, 5, 11, 12 and 13 are deemed to be validly served.

  3. O.P. No.5 has received the notice himself. Hence, notices upon

    all the opposite parties have been served.

  4. The factual aspects of the case is that the original Title Suit

    No.88 of 2004 filed by the plaintiff/petitioner was decreed

    ex parte in the year 2012 in which original defendant nos. 1, 3

    and 5 appeared, but they did not filed regular written statement

    for a considerable period and the original defendant nos. 2 and

    4 did not appear in spite of service of notice. Therefore, the

    court proceeded ex parte against all the original defendants and




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          passed the judgment dated 30.07.2012 and accordingly, decree

         was drawn.

   5. Against ex parte decree, an application under Order IX rule 13

         CPC read with 151 C.P.C. was filed for setting aside the ex parte

         decree     by    State   along    with   Executive   Engineer,    M/s

         Subernarekha Canal Division vide Civil Misc. Case No. 02 of

         2015     which    was    also    dismissed   by   the   Civil    Judge,

         Senior-Division No.1st Jamshedpur vide order dated 22.09.2022.

         Against the said order, an appeal was preferred by the State-

         respondents of this case vide civil misc. No. 14 of 2022

(Annexure-6) which was allowed vide impugned order dated

12th October, 2023 and the same has been assailed by the present

petitioner.

This revision is filed within limitation period, hence this

case is admitted.

6. Office is directed to call for zerox copy of trial court record from

the court concerned.

7. Let the matter be listed on 11.06.2025.

(Pradeep Kumar Srivastava, J.)

Amar/-

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