Onkar Nath Pandit And ORS v. Chottu Ram Tiwary And ORS

Patna High Court MJC No.1405 of 2016 (2) dt.25-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1405 of 2016 ====================================================== Onkar Nath Pandit & Ors .... .... Petitioner/s

Versus

Shri Kanti Tiwari @ Chottu Ram Tiwary & Ors.

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

For the Petitioner/s : Mr. Awadhesh Kumar Singh For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 25-07-2017 Heard the learned counsel for the petitioners and the learned counsel for the opposite parties.

In view of the submission of the learned counsel for the petitioners, this M.J.C. application is allowed and the order dismissing the first appeal dated 08.01.2014 is hereby set aside and First Appeal No.1126 of 1972 is restored to its original file. The learned counsel, Mr. Awadhesh Kumar Singh submitted that he has already filed vakalatnama in the aforesaid first appeal but his name was not printed in the daily cause list on the date when the appeal was dismissed.

In view of the submission of the learned counsel, the office shall verify the same and if vakalatnama is there on the record, the office shall see that in future whenever first appeal is listed, the name of the learned counsel, Mr. Awadhesh Kumar Singh shall be printed in the daily cause list. Saurabh/- (Mungeshwar Sahoo, J) U