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Patna High CourtMJC/4863/2018allowed

Srimati Parwati Devi @ Parwati Devi, v. Nilu Devi,

2019-04-18Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.4863 of 2018 In CIVIL REVIEW No.498 of 2016 ====================================================== Srimati Parwati Devi @ Parwati Devi, Wife of Kamdeo Sharma, resident of Village- Parham, Police Station- Naya Ramnagar, District- Munger. ... ... Petitioner/s

Versus

1.

Nilu Devi, Wife of Late Bijay Kumar Sharma, resident of Village- Parham, Police Station- Naya Ramnagar, District- Munger. 2.

Shri Pradeep Sharma, Son of Late Barham Sharma, resident of VillageParham, Police Station- Naya Ramnagar, @ Naya Rampur, District- Munger. 3.

Shri Shankar Sharma, Son of Late Barham Sharma, resident of VillageParham, Police Station- Naya Ramnagar, @ Naya Rampur, District- Munger. 4.

Mahendra Sharma, Son of Late Barham Sharma, resident of VillageParham, Police Station- Naya Ramnagar, @ Naya Rampur, District- Munger. 5.

Bharat Sharma, Son of Late Barham Sharma, resident of Village- Parham, Police Station- Naya Ramnagar, @ Naya Rampur, District- Munger. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ratnakar Ambastha For the Opposite Party/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 18-04-2019 Learned counsel for the petitioner submits that due to non-compliance of the order dated 28.03.2017, Civil Review No.498 of 2016 was dismissed on 28.04.2017.

It appears from the order dated 28.03.2017 that on the submission of the learned counsel for the petitioner, four weeks' time was allowed to remove defects no.1 to 8, pointed out by the stamp reporter, but the petitioner did not remove the defects. Consequently the review petition was dismissed. The present restoration petition is filed for restoration of Civil Review

Patna High Court MJC No.4863 of 2018(3) dt.18-04-2019 2/2 No.498 of 2016.

Civil Review No.498 of 2016 was filed to review the order dated 21.11.2013. The Special Leave Petition preferred against the order dated 21.11.2013 being SLA (c) No.32627 of 2014 was dismissed as withdrawn. Thereafter the review petition is filed.

Taking into consideration the facts aforesaid, the restoration petition is allowed and Civil Review No.498 of 2016 is restored to its original file subject to payment of cost of Rs.4000/- within one month in the head of 'victim compensation' to be deposited in Patna High Court Legal Services Authority.

(Prabhat Kumar Jha, J) S.KUMAR/- U