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Patna High CourtMJC/4408/2014allowed

Hari Pathak v. Shyam Narayan Pathak

2015-02-11Mr. Justice Amaresh Kumar Lal1 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.4408 of 2014 In MA 207 of 1998 ====================================================== Hari Pathak .... .... Petitioner/s

Versus

Shyam Narayan Pathak .... .... Respondent/s ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 11-02-2015 The defect no.1 is permitted to be removed in course of the day.

Heard.

This application has been filed for restoration of M.A. No.207/1998 which stood dismissed for non-compliance of the order dated 24.04.2014.

It is submitted that the requisites etc. for issuance of notice under both the process have been filed by the petitioner on 30.06.2014 after the expiry of the peremptory time. There is no deliberate laches on the part of the petitioner. Considering the facts and circumstances of the case, M.A. No.207/1998 is restored to its original file. This application is allowed.

(Amaresh Kumar Lal, J) V.K. Pandey/- U