Rajendra Mandal And ORS. v. Singheshwar Mandal And ORS.

Patna High Court FA No.94 of 2014 (7) dt.16-10-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

First Appeal No.94 of 2014 ====================================================== Rajendra Mandal & Ors.

.... .... Appellant/s

Versus

Singheshwar Mandal & Ors.

.... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Diwakar Sinha For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 16.10.2017 Office has reported that due to noncompliance of order dated 4.5.2015, limitation petition being I.A.

no.9544/2014 stood rejected and accordingly, office has sought direction of this court. I.A. no. 9544/2014 was filed by the appellants for condonation of delay in filing the appeal. Vide order dated 4.5.2015 this court directed for issuance of notice to respondents and also directed the appellants to file requisites. Copy of the aforesaid I.A. no. 9544/2014 was directed to be served upon respondent first set and third set. The aforesaid order was peremptory in nature and appellants failed to comply with the aforesaid order as a result whereof I.A. no. 9544/2014 stood rejected against concerned respsondents.

Since the present appeal is barred by limitation

Patna High Court FA No.94 of 2014 (7) dt.16-10-2017 and limitation petition being I.A. no. 9544/2014 has already rejected, therefore, the memo of appeal is liable to be rejected being time barred. Accordingly, the memo of appeal is rejected being time barred. Shahid (Hemant Kumar Srivastava, J) U