Full Judgment Text
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IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 8310 OF 2011
(Arising out of SLP(C) No.27482/2011)
(CC No.14798/2011)
STATE OF JHARKHAND Appellant(s)
:VERSUS:
VISHWANATH DUBEY & ORS. Respondent(s)
O R D E R
1. Delay condoned. Leave granted.
2. We have heard the learned counsel for the
parties.
3. The Letters Patent Appeal filed by State of
Jharkhand was dismissed by the High Court as being
defective. The Division Bench of the High Court of
Jharkhand at Ranchi has observed that none appeared
for the State Government even on the second round
and no care was taken on behalf of the State to
remove the defects, which showed the indifference of
the State agency to prosecute the appeal.
4. The State filed an application for
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restoration and when the application for restoration
th
was taken up on 7 March, 2011, no one appeared for
the appellant and as a result thereof, the
application for restoration came to be rejected.
This appeal, by special leave, has been preferred
against the rejection of the restoration
application.
5. Learned counsel for the appellant submits
that the counsel for the appellant could not appear
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on 7 March, 2011, because his name did not appear
in the cause list. In this view of the matter, we
set aside the impugned order subject to payment of
costs of Rs.5,000/- by the appellant to be deposited
before the High Court within two weeks from today.
6. We further direct that the State shall remove
the defects within two weeks from today and if the
same are not removed within the said period, this
order would be of no avail to the appellant.
7. We request the High Court to hear the appeal
and dispose of the same as expeditiously as
possible.
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8. This appeal is disposed of with the
aforementioned observations and direction.
.....................J
(DALVEER BHANDARI)
.....................J
(DEEPAK VERMA)
New Delhi;
September 26, 2011.