Smt. Kamla Devi v. The Union Of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.4280 of 2018 In Miscellaneous Jurisdiction Case No.4514 of 2014 ====================================================== Smt. Kamla Devi ... ... Petitioner/s

Versus

The Union Of India & Ors ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arvind Kumar Sharma For the Opposite Party/s :

Mr.Prabhat Kumar Verma (Aag3) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 12-07-2019 Heard learned counsel for the petitioner.

Learned counsel for the petitioner submits that Second Appeal No.77 of 2009 was listed under the heading "For Orders" on 09.11.2009 before Hon'ble Mr. Justice S.N. Hussain and one month time was granted to file certified copy of the judgment and decree under appeal in Second Appeal No.77 of 2009 but the petitioner, who is a lady, could not file certified copy of the judgment and decree under appeal and consequently Second Appeal No.77 of 2009 was dismissed. The petitioner filed M.J.C. No.4514 of 2014 for restoration of Second Appeal No.77 of 2009, which was allowed and Second Appeal No.77 of 2009 was restored to its original file subject to compliance of direction as contained in order dated 09.11.2009 within a week but even then the petitioner

Patna High Court MJC No.4280 of 2018(4) dt.12-07-2019 2/2 could not file certified copy of judgment and decree under appeal in Second Appeal No.77 of 2009. Now the petitioner has already filed the certified copy of judgment and decree under appeal in Second Appeal No.77 of 2009.

Having considered the submissions and the reasons stated by the petitioner, this restoration petition is allowed and Second Appeal No.77 of 2009 is restored to its original file. (Prabhat Kumar Jha, J) Harish/- U