Nand Gopal Singh v. Bhola Nath Singh And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2601 of 2017 In SECOND APPEAL No.316 of 2013 ====================================================== Nand Gopal Singh Son of Deo Govind Singh Resident of Village - Amarain, P.O. - Amarain Nawada, P.S. - Bihiya, District - Bhojpur at Ara. ... ... Petitioner/s

Versus

1.

Bhola Nath Singh.

2.

Amar Singh both sons of Thakur Prasad Singh 3.

Thakur Prasad Singh Son of Late Ram Govind Singh All residents of village - Amarain, P.O. Amarain Nawada, P.S. - Bihiya, District - Bhojpur at Ara. 4.

Tribhuan Singh Son of Gorakh Nath Singh 5.

Umesh Singh Son of Late Ravindra Singh Both Sl. No. 4 and 5 are residents of village - Amarain, P.O. Amarain Nawada, P.S. - Bihiya, District - Bhojpur at Ara.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bipin Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Surendra Kumar Mishra, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 03-11-2023 Heard Mr. Bipin Kumar Sinha, learned counsel appearing on behalf of the petitioner and learned counsel for the State.

2. The present application has been filed for restoration of I.A. No. 3635 of 2014, which stood dismissed for non-compliance of the peremptory order passed by a Bench of this Court.

3. It is submitted that though, this Court has passed the peremptory order on 07.10.2015, but the same could not be

Patna High Court MJC No.2601 of 2017(2) dt.03-11-2023 2/2 complied in time and some delay has occurred, which resulted into dismissal of the I.A. No. 3635 of 2014. Averments have been made in the restoration application that on account of negligence on the part of the advocate clerk, the order of this Court could not be complied.

4. Considering the submissions advanced on behalf of the petitioner and the averments made in the application for restoration, the present application stands allowed.

5. The interlocutory Application No. 3635 of 2014 stands restored to its original file of Second Appeal No. 316 of 2013.

(Harish Kumar, J) shoaib/- U