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Patna High CourtMJC/4135/2016allowed

Jagdip Das And ORS v. The State Of Bihar And ORS

2017-01-31Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No. 4135 of 2016 In Miscellaneous Jurisdiction Case No. 916 of 2014 ====================================================== Jagdip Das & Anr.

.... .... Petitioners

Versus

The State of Bihar & Ors.

.... .... Opp. Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Ram Shankar Das For the Opp. Party/s : AC to Addl. Advocate General 12 Mr. Amrendra Nath Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 4.

31-01-2017 Heard Sri Ram Shankar Das, learned counsel for petitioners, learned A.C. to Addl. Advocate General - 12 as well as Sri Amrendra Nath Verma, learned counsel for private opposite parties.

The present petition has been filed with a prayer to restore M.J.C. No. 916 of 2014, which stood dismissed due to non-compliance of peremptory order dated 24-02-2016. By the said order, two weeks peremptory time was granted for filing substitution petition in respect of opposite party no. 9, who died during pendency of the petition.

It has been stated that the substitution petition, in the light of order dated 24-02-2016 passed in M.J.C. No. 916 of 2014, was filed, but it was filed belatedly. The reason has been assigned in the petition.

Patna High Court MJC No.4135 of 2016 (4) dt.31-01-2017 2/2 Accordingly, the present petition is allowed. Let M.J.C. No. 916 of 2014 be restored to its original file.

(Rakesh Kumar, J.) Anay U