Narendra Kumar Singh v. The Estate Of Late Nagina Singh And ORS.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1876 of 2016 ====================================================== Narendra Kumar Singh .... .... Petitioner.

Versus

The Estate of Late Nagina Singh & Ors.

.... .... Opposite Parties.

====================================================== Appearance :

For the Petitioner : Mr. For the Opposite Parties : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER -------------- 26-04-2017 Heard.

This application has been filed on behalf of the petitioner for restoration of First Appeal No.124 of 2004, which stood dismissed for default due to non compliance of the peremptory order dated 18.04.2014, whereunder one week's time was granted to the learned counsel for the appellant to file requisites for issuance of appeal notice upon the respondent nos.1 to 8, both by ordinary process as also by registered cover with A/D at their present and correct address.

Learned counsel for the petitioner submits that due to mistake, in compliance of the order dated 18.04.2014, only the requisites under ordinary process for issuing the appeal notice upon the respondent nos.1 to 8 could be filed. For the reasons mentioned in this application, the same is

Patna High Court MJC No.1876 of 2016 (4) dt.26-04-2017 2/2 allowed and First Appeal No.124 of 2004 is restored to its original file and number, subject to the condition that the order dated 18.04.2014 passed in First Appeal No.124 of 2004 is fully complied with within four weeks.

(Rajendra Kumar Mishra, J) P.S./- U