Kaushalya Devi And ORS v. Dharmshila Devi And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.754 of 2015 In SA 215 of 1984 ====================================================== Kaushalya Devi & Ors .... .... Petitioner/s

Versus

Dharmshila Devi & Ors .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Indu Bala ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 26-08-2015 Counsel for the petitioners is present.

No one appears on behalf of the respondents although name of the counsel appears in the cause list. The application seeks restoration of S.A. No. 215 of 1984 which stood dismissed as against respondent nos. 5(a) to 5(c) for non compliance of the order dated 19.11.2014. By the said order, this Court directed to take fresh steps for service of notice on the said respondents.

It is stated that, by inadvertence, the case could not be marked and the counsel did not appear when the said order was passed. The appeal was subsequently listed on 16.03.2015 when he came to know about the order dated 19.11.2014 and immediately thereafter steps were taken and requisites were filed on 23.03.2015.

Patna High Court MJC No.754 of 2015 (3) dt.26-08-2015 2/2 For the reasons disclosed in the application and submissions made in support thereof, the same is allowed. The time granted under order dated 19.11.2014 is extended to 23.03.2015 subject to payment of cost in the sum of Rs. 250/- with the Patna High Court, legal Services Committee and filing receipt thereof within two weeks.

(Kishore Kumar Mandal, J) HR/- U