Nitesh Kumar Rai vs Rekha Devi
2025 Latest Caselaw 1848 Patna

Patna High Court

Nitesh Kumar Rai vs Rekha Devi on 18 February, 2025

Author: P. B. Bajanthri

Bench: P. B. Bajanthri, Sunil Dutta Mishra

     IN THE HIGH COURT OF JUDICATURE AT PATNA
             Miscellaneous Jurisdiction Case No.3203 of 2024
                                       In
                    Miscellaneous Appeal No.564 of 2018
======================================================
Nitesh Kumar Rai, son of Late Jagdish Rai, R/o- village- Piparadh, P.O.-
Hethua, P.S.- Rajpur, District- Buxar (Bihar), Pin Code- 802122.
                                                                ... ... Petitioner.
                                    Versus
 Rekha Devi, D/o Madhav Rai, R/o - village- Dhanachua, P.O. and P.S. -
 Chaveri, District- Bhojpur.
                                                         ... ... Opposite Party.
======================================================
Appearance :
For the Petitioner     :        Mr. Subroteshwar De, Advocate.
For the Opposite Party :        Mr.
======================================================
CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
        and
        HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL JUDGMENT

(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)

Date : 18-02-2025

Heard the present M.J.C. No.3203 of 2024.

2. Advocate-on-Record-Mr. Santosh Kumar has not

given 'No Objection' before filing the present M.J.C. No.3203

of 2024. In Miscellaneous Appeal No.564 of 2018, he failed to

appear and suffered an order of its dismissal for non-

prosecution. Therefore, he was the proper Advocate to furnish

explanation. At least, he should have given 'No Objection' and

the same is not forthcoming. Such practice is deprecated.

However, in the interest of the petitioner, we are compelled to

ignore the same. It was bounden duty of the Advocate-on-

Record in the present case to secure 'No Objection' from the

Advocate-on-Record, in particularly, where Miscellaneous Patna High Court MJC No.3203 of 2024 dt.18-02-2025

Appeal is dismissed for non-prosecution. Due to deficiency of

service on behalf of Advocate-on-Record, petitioner shall not be

punished. Therefore, we are compelled to allow the present

M.J.C. No.3203 of 2024 for the reasons stated in the present

M.J.C. No.3203 of 2024 read with the affidavit and I.A. No.1 of

2025 filed for condonation of delay.

3. Accordingly, Miscellaneous Appeal No.564 of 2018

is restored on the file.

4. Registry is requested to list Miscellaneous Appeal

No.564 of 2018 before the concerned Roster Bench at the

earliest.

5. The present M.J.C. No.3203 of 2024 is allowed

with cost of Rs.5000/-(Rupees Five Thousand). Cost shall be

remitted in the Lawyers' Association Welfare Benevolent Fund

having Bank Account No.7801893276, IFSC Code-

IDIB000L501.

(P. B. Bajanthri, J)

( Sunil Dutta Mishra, J)

P.S./-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          20.02.2025.
Transmission Date       NA