Jagdayal Bedia And Others vs State Of Jharkhand Through Deputy ...
2025 Latest Caselaw 1228 Jhar

Jharkhand High Court

Jagdayal Bedia And Others vs State Of Jharkhand Through Deputy ... on 29 July, 2025

Author: Anubha Rawat Choudhary

Bench: Anubha Rawat Choudhary

                                                                     2025:(JHHC:20910 )




                 IN THE HIGH COURT OF JHARKHAND AT RANCHI

                                C.M.P. No. 1064 of 2024

            Jagdayal Bedia and others                  ...    ...     Petitioners
                                     Versus
            State of Jharkhand through Deputy Commissioner, Hazaribagh (now-
            Ramgarh) and others             ...           ...        Opp. Parties
                                     ---

CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY

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For the Petitioners : Mr. Mitul Kumar, Advocate For the Railway : Mr. Sunil Kumar, Advocate

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07/29.07.2025 Learned counsel for the parties are present.

2. As per office note, notices have been duly issued to the respondents, however, nobody has entered appearance on their behalf.

3. The learned counsel for the appellant has submitted that the present CMP has been filed for restoration of F.A. No. 157 of 2018 which stood dismissed for default on account of non-removal of defects.

4. The learned counsel for the appellants has submitted that substitution petition being I.A. No. 9507 of 2025 along with the petition for condonation of delay of 730 days being I.A. No. 9588 of 2024 in preferring the CMP be allowed.

5. The learned counsel for the appellants has submitted that the present case is squarely covered by the judgment passed by this court in F.A. No. 176 of 2018 and other analogous cases.

6. The learned counsel for the respondents has no serious objection with respect to substitution petition (I.A. No. 9507 of 2025) and condonation of delay (I.A. No. 9588 of 2024) and also with respect to the C.M.P. for restoration of F.A. No. 157 of 2018.

7. After hearing the learned counsel for the parties and considering the facts and circumstances of this case, I.A. No. 9507 of 2025 for substitution of opposite party Nos. 3.4 and 5 is allowed.

8. The learned counsel for the petitioner is directed to carry out necessary corrections in the cause title.

2025:(JHHC:20910 )

9. So far as petition seeking condonation of delay being I.A. No. 9588 of 2024 is concerned, having gone through the interlocutory application and being satisfied with the cause shown, the delay of 730 days in fling the CMP is hereby condoned and accordingly I.A. No. 9588 of 2024 is disposed of.

10. CMP No. 1064 of 2024 has been filed for restoration of F.A. No. 157 of 2018 which stood dismissed on 04.07.2022 for non- compliance of order dated 09.12.2020 as the defect could not be removed within peremptory time.

11. Considering the averments made in the CMP and being satisfied with the cause shown, F.A. No. 157 of 2018 is restored to its original file.

12. Office is directed to list F.A. No. 157 of 2018 on 06.08.2025 in the supplementary cause list under appropriate heading.

13. CMP is accordingly disposed of.

(Anubha Rawat Choudhary, J.) Binit