Dr. Ramji Prasad Ambastha And ORS v. The Bihar State Housing Board And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1812 of 2016 ====================================================== Dr. Ramji Prasad Ambastha & Ors .... .... Petitioner/s

Versus

The Bihar State Housing Board & Ors .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shailendra Kumar Sinha, Advocate Mr. Raj Kumar, Advocate For the Respondent/s : Mr. Anil Kumar Sinha, Advocate Mr. Yash Mathur, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH And HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER (Per: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH) 06-04-2017 Heard learned counsel for the parties.

The instant application has been filed for restoration of Civil Review No. 184 of 2011, which was dismissed for default for non-appearance of the learned counsel for the petitioners, on 04.04.2016.

So far substitution is concerned, learned counsel submits that Rabindra Nath Pandey has filed supplementary affidavit on 11.11.2014 stating that his father Bans Raj Pandey has sworn an affidavit transferring his right, title and interest of M.I.G.55 situated in Mohalla-Mustafabad, P.S.-Rampur, DistrictGaya in his favour. Having regard to the facts and circumstances of the

Patna High Court MJC No.1812 of 2016 (4) dt.06-04-2017 2/2 case, this restoration application is allowed and Civil Review No. 184 of 2011 is restored to its original file and number, subject to the condition that Rabindra Nath Pandey should file substitution petition within three weeks and in the said petition he can also bring on record that his father has transferred his right, title and interest of the said property in his favour.

(Samarendra Pratap Singh, J.) (Arun Kumar, J.) Uday/- U