Patna High CourtMJC/1654/2018allowed

Bhuto Bind Alias Ram Sagar Bind And ORS v. Chandradeo Pandit

2025-01-20Mr. Justice Khatim Reza2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1654 of 2018 In SECOND APPEAL No.124 of 2012 ====================================================== 1.1. Most. Sugia Devi wife of late Bhuto Bind @ Ram Sagar Bind x 3.

Rajesh Bind, Son of Bhuto Bind @ Ram Sagar Bind 4.

Jawala Kumar, Minor Son of Bhuto Bind @ Ram Sagar Bind under the guardianship of his father and natural guardian Bhuto Bind @ Ram Sagar Bind 5.

Nandan Kumar, Minor Son of Ram Ratan Bind, Under the Guardianship of his father and natural guardian Ram Ratan Bin All resident of Village- Dasrathi, P.S.- Dharhara, District- Munger. 6.

Chameli Devi, Daughter of Parmeshwar Bind, Wife of Balgovind Bind, Resident of Village- Lakhna, P.S.- Kajra, District- Lakhisarai. ... ... Petitioner/s

Versus

Chandradeo Pandit, Son of Late Chedi Pandit, Resident of VillageKhirodharpur, P.S.- Dharhara, District- Munger. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 20-01-2025 This application has been filed for restoration of Second Appeal No. 124 of 2012 to its original file and number which was dismissed for non-compliance of peremptory order dated 26.07.2017, whereby two weeks' peremptory time was allowed to the appellants to file deficit court fee of Rs. 1488/- which was not filed on time.

2. Learned counsel for the petitioners submits that the said deficit court fee of Rs. 1488/- has been filed on 09.05.2018. Thereafter, the instant restoration application has been filed.

Patna High Court MJC No.1654 of 2018(5) dt.20-01-2025 2/2

3. Having regard to explanation furnished in the application and the submissions made in support thereof, this Court finds sufficient grounds for allowing the restoration application.

4. Office is directed to verify whether the said deficit court fees has been filed or not.

5. Thereafter, Office is directed to restore Second Appeal No. 124 of 2012 to its original file and number subject to filing of the said deficit court fees.

(Khatim Reza, J) premchand/- U T