Umesh Ram v. Kunjan Ram And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.801 of 2019 In FIRST APPEAL No.106 of 2016 ====================================================== Umesh Ram ... ... Petitioner/s

Versus

Kunjan Ram and Ors ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Jay Prakash Singh For the Opposite Party/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 07-08-2019 Heard learned counsel appearing for the petitioner and perused the record.

This restoration petition has been preferred for restoration of First Appeal no. 106 of 2016 which stood dismissed on 16.05.2017 due to none compliance of peremptory order of this Court.

However, learned counsel appearing for the petitioner submits that order of this Court has already been complied with and as a matter of fact, petitioner could not comply with the order of this Court in time due to some unavoidable circumstance. The delay in compliance of order of this Court was not intentional or deliberate.

In view of the aforesaid submission, this restoration petition is allowed and, accordingly, order of dismissal of First

Patna High Court MJC No.801 of 2019(3) dt.07-08-2019 2/2 Appeal no. 106 of 2016 is set aside and accordingly, F.A No. 106 of 2016 is restored to its original file and number. In the aforesaid manner this petition stands disposed of.

(Hemant Kumar Srivastava, J) N.K/- U