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2025 Supreme(Jhk) 1998

IN THE HIGH COURT OF JHARKHAND AT RANCHI
SANJAY KUMAR DWIVEDI
Vijay Kumar @ Bijay Das S/o Late Prahlad Das – Appellant
Versus
Bishnu Mahra, Son of Falo Mahara – Respondent


Advocates:
Advocate Appeared:
For the Petitioners:Mr. Vishal Kumar Tiwary, Advocate.:Mr. Manjeet Kumar Choudhary, Advocate.:Mr. Imran Beig, Advocate.
For the Respondent:Mr. Onkar Nath Tewary, Advocate., Mr. Shahid Yunus, Advocate

Table of Content
1. court's jurisdiction regarding service of notice (Para 1 , 2 , 3)
2. nature of the original suit and claims made by the plaintiff (Para 4 , 5)
3. legal provisions regarding consent decrees and limitation (Para 6 , 7 , 8)
4. court’s stance on maintainability based on clever drafting (Para 9 , 10 , 11 , 12)
5. bar against new suits challenging consent decrees (Para 13 , 14 , 15 , 16)
6. implications of court's findings on limitation and jurisdiction (Para 17 , 18)
7. final order and its implications on earlier court's decision (Para 22 , 23)
8. closure of the case with directive for future actions if necessary (Para 24 , 25)

JUDGMENT :

SANJAY KUMAR DWIVEDI, J.

Heard Mr. Vishal Kumar Tiwary, learned counsel appearing for the petitioners and Mr. Onkar Nath Tewary, learned counsel appearing for the O.P. Nos. 1 and 2.

2. It appears that notice upon O.P. No. 3 has been validly served and in spite of that he has not appeared and with a view to provide one more opportunity to the O.P. No. 3, the matter was adjourned on 25.02.2025, in spite of that he has chosen not to appear. Today, on repeated calls, nobody has responded on behalf of O.P. No. 3, as such, this petition is being hea

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