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Patna High CourtMJC/4454/2014allowed

Babu Birendra Kumar Singh @ Birendra Kumar Singh And ORS. v. Smt. Saraswati Devi And ORS

2015-03-11Mr. Justice Amaresh Kumar Lal1 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.4454 of 2014 In MA 227 of 2012 ====================================================== Babu Birendra Kumar Singh @ Birendra Kumar Singh & Ors. .... .... Petitioner/s

Versus

Smt. Saraswati Devi & Ors .... .... Respondent/s ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 11-03-2015 This application has been filed for restoration of M.A. No.227 of 2012 which has been dismissed for non-compliance of the order dated 1.04.2014.

It is submitted that due to inadvertence, the aforesaid order could not be complied, as such, the case has been dismissed for default. The petitioners have filed copy of the limitation petition as well as memo of appeal on 26.11.2014. There is no deliberate laches on the part of the petitioners. Considering the facts and circumstances of the case, M.A. No.227 of 2012 is restored to its original file. Let the filing of the notice be accepted.

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