Jagdish Prasad Sinha And ANR v. Bisundeo Prasad And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.883 of 2017 In First Appeal No. 618 of 1979 ====================================================== Jagdish Prasad Sinha & Anr .... .... Petitioner/s

Versus

Bisundeo Prasad & Ors .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ramchandra Sahni For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 11-07-2017 Heard learned counsel for the petitioners.

In view of the submission made by learned counsel for the petitioners I am satisfied that the petitioners were prevented by sufficient cause from not complying the peremptory order dated 15.05.2014. Accordingly, the subsequent order dated 09.03.2017 is hereby recalled. The dismissal of the appeal for non-compliance order dated 15.05.2014 is also hereby recalled and First Appeal No.618 of 1979 is hereby restored to its original file. The learned counsel for the petitioners submitted that he has already filed the necessary requisites for issuance of appeal notice on respondent nos.3 to 6 and 13 to 15 in ordinary process and registered post both on 22.02.2017.

Patna High Court MJC No.883 of 2017 (4) dt.11-07-2017 The requisites are accepted. The office shall issue the notice.

Accordingly, this M.J.C. application stands allowed. (Mungeshwar Sahoo, J) Harish/- U