Sunil Sharma v. Most. Shanti Devi And ORS.

Patna High Court MJC No.1115 of 2014 (20) dt.07-09-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1115 of 2014 In SA 280 of 2000 ====================================================== Sunil Sharma .... .... Petitioner/s

Versus

Most. Shanti Devi & Ors.

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

For the Petitioner/s : Mr. J.K. Verma, Adv Mr. Chandra Kant, Adv For the Respondent/s : Mr. Ratan Kumar Sinha, Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE V. NATH ORAL ORDER 07-09-2016 I.A. No. 4795 of 2014 Heard Mr. J.K. Verma, learned counsel appearing for the petitioner and Mr. Ratan Kumar Sinha, learned counsel appearing for the plaintiff-opposite party in the limitation matter (I.A. No. 4795 of 2014).

Earlier notice was issued in the limitation matter to the plaintiff-opposite parties and they are now being represented by Mr. Ratan Kumar Sinha.

There has been delay of 30 days in filing the limitation petition (I.A. No. 4795 of 2014).

After considering the submissions and the averments made in the limitation petition, this Court is satisfied that there is sufficient reason for condonation of delay.

Accordingly, I.A. No. 4795 of 2014 is allowed and

Patna High Court MJC No.1115 of 2014 (20) dt.07-09-2016 delay in filing the limitation petition is condoned. M.J.C. No. 1115 of 2014 Heard learned counsel for the parties on the merits of the restoration application.

After considering the submissions and the averments made in the restoration application, S.A. No. 280 of 2000 is restored to its original file.

Learned counsel for the parties have jointly prayed that Second Appeal No. 280 of 2000 be itself placed for hearing under Order 41 Rule 11 C.P.C.

Accordingly, as prayed for, Second Appeal No. 280 of 2000 is directed to be placed under Order 41 Rule 11 C.P.C on 18.10.2016, if otherwise ready.

(V. Nath, J) Ranjan/- U