Muhammad Mumtaz Ali v. Mohammad Amin Hussain And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.2636 of 2018 In FIRST APPEAL No.25 of 2011 ====================================================== Muhammad Mumtaz Ali Son of Late Mohammad Nurul Haque, resident of Mohalla- Milki Anaith, P.S.- Arra Nawada, Post- Arra H.Q., District- Bhojpur. ... ... Petitioner/s
Versus
1.
Mohammad Amin Hussain and Anr Son of Late Mohammad Nurul Haque. 2.
Mohammad Nashimuddin Ahmad, Son of Late Mohammad Naimuddin Ahmad. Both residents of Mohalla- Milki Anaith, P.S.- Arra Nawada, PostArra H.Q., District- Bhojpur. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Navesh Nandan For the Opposite Party/s :
Mr.
====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 19-02-2020 This petition has been preferred for restoration of First Appeal No.25 of 2011 which stood dismissed due to noncompliance of peremptory order. Learned counsel appearing for applicant submits that in the aforesaid First Appeal No.25 of 2011 one Sri Nasim Nazar, Advocate was engaged by the appellant for conducting Pairvi on his behalf but aforesaid Sri Nasim Naza, Advocate left the practice as he was selected for judicial service as a result thereof, he could not make proper Pairvi in the above stated First Appeal No.25 of 2011.
In view of the aforesaid submissions, this petition is
Patna High Court MJC No.2636 of 2018(3) dt.19-02-2020 2/2 allowed and, accordingly, the dismissal order passed in First Appeal No.25 of 2011 is set aside and the aforesaid First Appeal No.25 of 2011 is restored to its original position subject to condition that the applicant (appellant) shall remove all the defect/s as pointed out by the Office in the above stated First Appeal No.25 of 2011 within six weeks from today, failing which, the aforesaid First Appeal No.25 of 2011 shall be deemed to be dismissed.
In the aforesaid manner, this application stands disposed of.
(Hemant Kumar Srivastava, J) B.Kr./- U