Most. Ambika Devi And ORS. v. Smt. Sushila Devi And ORS.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.3733 of 2013 In SA 7 of 2009 ====================================================== Most. Ambika Devi & Ors.

.... .... Petitioner/s

Versus

Smt. Sushila Devi & Ors.

.... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Subodh Kumar Jha For the Respondent/s :

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 17-01-2017 Heard Sri Subodh Kumar Jha, learned counsel for the petitioners .

The present petition has been filed with a prayer to restore Second Appeal No. 7 of 2009 which stood dismissed due to non- compliance of peremptory order dated 26.4.2010. By the said order a Bench of this Court had noticed that petitioners in compliance with earlier order dated 13.4.2010 had removed all the defects except defect no. 2 and 3 for which he sought extension of time to file an interlocutory application with respect to the said defects.

Learned counsel for the petitioners submits that due to his bona fide mistake he failed to file the said interlocutory application within time and since it was peremptory order the Appeal stood dismissed. However, after expiry of peremptory time

Patna High Court MJC No.3733 of 2013 (4) dt.17-01-2017 2/2 the petitioners have already filed interlocutory application in compliance with the order dated 26.4.2010 vide I.A. No. 4757 of 2013.

In view of the facts and circumstances the restoration petition stands allowed.

Let Second Appeal No. 7 of 2009 be restored to its original file.

(Rakesh Kumar, J) Praful/- U