Most. Kumari Devi And ORS v. Mahendra Singh And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.145 of 2015 In First Appeal No. 4 of 1990 ====================================================== Most. Kumari Devi & Ors .... .... Petitioner/s

Versus

Mahendra Singh & Ors .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pramod Ban Bihari Singh For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 17-09-2015 Heard learned counsel for the petitioners on the restoration application.

This restoration application has been filed for restoration of First Appeal No.04 of 1990 which was dismissed for default for non-compliance of peremptory order. From perusal of the record, it appears that the appellants-petitioners were directed to take steps for appeal notice on respondents-opposite parties, which was not complied with and, therefore, the appeal has been dismissed. The learned counsel for the petitioners submitted that because of mistake and the fact that the file was in the office of learned senior counsel Late Ganesh Prasad Singh the order could not be complied with and he undertakes that necessary requisites in ordinary process as well as registered post both will be filed

Patna High Court MJC No.145 of 2015 (5) dt.17-09-2015 within ten days and he undertakes also that he will file fresh power on behalf of the appellants in the first appeal within the aforesaid period.

In view of the above facts and circumstances of the case, this M.J.C. application is allowed and First Appeal No.04 of 1990 is restored to its original file.

(Mungeshwar Sahoo, J) Harish/- U