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1998 Supreme(Pat) 625

SUDHANSU JYOTI MUKHOPADHAYA
Kunti Kumari @ Manju Singh – Appellant
Versus
State of Bihar – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: M/s. Basant Kumar Choudhary, Rajendra Narain Singh and Satish Ch. Mishra.
For the Pvt. Respondent: M/s. Birendra Mohan Singh, Ganesh Ch. Thakur and Ajay Kumar Singh.
For the State: Mr. Jawahardhari Pd. Singh.

Order

S.J. Mukhopadhaya, J.

The petitioner has challenged the orders dated 18th July, 1995 and 23rd November, 1996 passed in Title suit No. 37/95, whereby and whereunder, the authorities under B.T. Act condoned a long delay in filing the aforesaid suit under Section 106 of B.T. Act behind the back of the petitioner and thereafter the objection preferred by petitioner was rejected.

2. The brief fact of the case shows that the records of right after revisional survey was prepared and published on 3rd March, 1984 wherein the name of the petitioner was shown as recorded land holder with respect to the land, in dispute. No suit in terms with Section 106 of B.T. Act thereafter preferred by the 5th to 10th Respondents. After about 12 years, they filed the aforesaid Suit No. 37/95 for recording their names with an application for condonation of delay. It was allowed by impugned order dated 18th July, 1995. The petitioner had no knowledge with respect to the said suit and the delay condoned by the authority and after having come to know of the same, she filed an application for recalling the same and objected such condonation of delay. It was rejected vide impugned order dated 23rd November, 1















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