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Patna High Court

Saroj DeviversusAraji Devi

Decided
Disposal
WITHDRAWN

Holding

Permission is granted to withdraw the present application, file a fresh one under the correct provision, and any delay is condoned.

Summary

The appellant, Saroj Devi, sought the Court's permission to withdraw her pending application and to file a fresh one under the correct provision, also requesting condonation of any delay in filing the new application. The Court considered whether such permission could be granted and whether any delay should be condoned. It held that the appellant may withdraw the present application and file a fresh one, and that any delay in doing so is condoned because she was actively pursuing her remedy. Consequently, the present application was dismissed as withdrawn, with liberty to file a fresh application. The Court also directed the office to provide the relevant documents as requested by the appellant's counsel.

Issues considered

  • Whether the Court may permit the withdrawal of the present application and allow filing of a fresh application under the correct provision.
  • Whether any delay in filing the fresh application should be condoned.

Subjects

  • withdrawal of application
  • condonation of delay
  • procedural law
  • civil procedure
  • fresh application

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                       FIRST APPEAL No.13 of 2026
                 ======================================================
                 Saroj Devi W/o- Bhola Prasad R/o- Vill. and P.O.- Barbigha, P.S.- Barbigha,
                 District- Sheikhpura.


                                                                           ... ... Appellant/s
                                             Versus
                 Araji Devi W/o- Kameshwar Ram R/o- Vill.- Samachak, P.S.- Barbigha,
                 District- Sheikhpura.


                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :     Mr. Kumar Sameer, Advocate
                 For the Respondent/s   :     Mr.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   19-03-2026                    Learned counsel for the appellant seeks permission

                   of this Hon’ble Court to withdraw the present application, with

                   liberty to file fresh application under the correct provision. He

                   further prays that the delay in filing the said application may be

                   condoned, as the appellant was pursuing her remedy before this

                   Court.

                            2.    Permission, as prayed for, is accorded.

                            3.    Accordingly, the present application is dismissed as

                   withdrawn with liberty to the appellant to file fresh application

                   under the correct provision. The delay, if any, in filing the said

                   application shall stand condoned, as the appellant was pursuing

                   her remedy before this Court in the present proceedings.
             Patna High Court FA No.13 of 2026(2) dt.19-03-2026
                                                          2/2




                                        4.      Office is directed to provide the relevant

                       documents enclosed in this case, as per requirement of learned

                       counsel for the appellant.



                                                                  (Rudra Prakash Mishra, J)
Rajorshi/-

U


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