Rama Shankar Singh v. Phulchand Yadav And ORS

Patna High Court C.Misc. No.883 of 2016 (2) dt.22-10-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.883 of 2016 ====================================================== Rama Shankar Singh .... .... Appellant/s

Versus

Phulchand Yadav & Ors .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Jai Prakash Verma For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 22-10-2016 Heard learned counsel for the petitioner.

Perused the order dated 08.09.2014 passed in Miscellaneous Case No.01 of 2012 by A.D.J.-IV, Jehanabad arising out of Title Appeal No.05 of 2004/16 of 2012. From perusal of the impugned order, it appears that the court below finding sufficient cause for not appearing when the appeal was called on for hearing has set aside the order dismissing the title appeal for default and has allowed miscellaneous case filed under Order 41 Rule 19 of the Code of Civil Procedure. Therefore, when the order has been passed by the court below whereby the title appeal has been restored to its original file, in my opinion, no prejudice is caused to the petitioner nor it occasioned failure of justice. Thus, I find no reason to interfere with the impugned order.

Accordingly, this civil miscellaneous application is dismissed.

Harish/- (Mungeshwar Sahoo, J) U