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Anjali Behera (not applicable)     06 December 2010

When something not recorded in the order sheet..

Hello,In a case complaints was filed before the SDM to remove nuisance from party,s frontage government land where in the defendant was trying to forcibly close the nali and pathway to main road and construct rooms for rent saying that there was no nala there and the place was theres.. proceeding started...continued for arount two years and dropped for default for both the parties,the appellant when got information.. filed restoration petition showing the causes and two hearings have been done on restoration in presence of both the parties..but the SDM allowed the restoration but  the clerk specifically did not write that the case was restored..but only writes two times that posted for hearing on restoration two times and hearing in presence of both the parties for some dates and the defendants lawyer absent in some dates.Finally the order was passed in favor of the appellant.The defendant go for revision in the sessions judge that procedure not maintained and as restoration of the case is not in written in the order sheet.. the order is illegal and to be set aside...please opine



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 3 Replies

DR.SANAT KUMAR DASH (Eye Specialist)     06 December 2010

You     shall      have    to    file    a    WRIT     in     the      HIGH  COURT     for     relief.

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     06 December 2010

No resotration in criminal cases.

Anjali Behera (not applicable)     06 December 2010

Hello sir, Thanks but  I feel that I have read somewhere that restoration is possible in criminal cases too though in limited sense...if such is the situation why the SDM court heard the case of both the parties in this case..and judged the matter...the law is somewhat lenient as regarding to corrective laws..thanks again.


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