Ram Bilash Chaudhary v. Satya Narayan Choudhary

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.4994 of 2018 In SECOND APPEAL No.229 of 2014 ====================================================== Ram Bilash Chaudhary ... ... Petitioner/s

Versus

Satya Narayan Choudhary and Ors ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dronacharya For the Opposite Party/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 26-02-2019 Heard Mr. Dronacharya learned counsel for the petitioner.

Learned counsel for the petitioner submits that Second Appeal No. 229/2014 stood dismissed for default on 27.07.2015 due to non-compliance of the peremptory order dated 13.07.2015. He further submits that due to inadvertence the petitioner could not point out that defect no. 1 requires the decree to be sent to the lower court for correction, but this fact could not be pointed out to the Bench at the time of passing of the order dated 13.07.2015.

Defects no. 3 and 4 has already been removed and defect no. 2 is with regard to address of respondent no. 4 in the memo of appeal.

Being satisfied with the reason given by the learned

Patna High Court MJC No.4994 of 2018(3) dt.26-02-2019 2/2 counsel for the petitioner, the restoration petition is allowed. Second Appeal No. 229/2014 is restored to its original file. List this case on 14.03.2019 under the heading for 'Office Notes'.

(Prabhat Kumar Jha, J) vinita/- U