PATNA, India, Sept. 9 -- Patna High Court issued the following judgment on Aug. 11:

The record taken up on mentioning being made on behalf of the petitioner.

2. Heard learned counsel for the petitioner and I intend to dispose of the instant petition at the stage of admission itself.

3. The petitioner is aggrieved by the order dated 31.07.2019 passed in Misc. Case No. 77/2017 by the learned Sub Judge-1, Nawada whereby and whereunder the miscellaneous case filed by the defendants/respondents have been admitted for consideration.

3. The learned counsel for the petitioner submits that the petitioner was plaintiff before the learned trial court, who has filed Partition Suit No. 145/2005, which was dismissed for default on 06.09.2017 by the learned Sub Judge-1, Nawada. The respondents, who are defendants, filed the miscellaneous case for its restoration. The learned counsel further submits that the defendants/respondents have filed a fraudulent compromise petition before the learned trial court in Partition Suit No. 145/2005. The learned counsel further submits that the learned trial court did not consider that the miscellaneous case filed on behalf of the respondents should not have been admitted as the plaintiff had not taken any steps for its restoration3.

4. Perused the record.

5. From perusal of record, it is apparent that the present civil miscellaneous petition has been filed after much delay. The impugned order has been passed on 31.07.2019 and five years thereafter the present petition has been filed. Though, learned counsel for the petitioner submits that due to intervening Covid period, the civil miscellaneous petition could not be filed earlier, but it is the fact that Covid period started from March, 2020 and continued till February, 2022, there is no explanation for not filing the civil miscellaneous petition prior to March, 2020 and subsequent to February, 2022.

The rest of the document can be viewed at https://patnahighcourt.gov.in/viewjudgment/NDQjMTE3MiMyMDI0IzEjTg==-QAX635QxqCg=

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