Rana Baidyanath Singh v. Ramanand Singh And ANR.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.5530 of 2013 In SA 616 of 1991 ====================================================== Rana Baidyanath Singh Son Of Late Ramanand Singh Resident Of Village + P.O.- Chandapura, Nanhkar, P.S.- Desari, District- Vaishali .... .... Plaintiff - Respondent - Appellant - Petitioner

Versus

1. Ramanand Singh Son Of Late Pradeep Singh Defendant - Appellant - Respondent

2. Rana Gokul Prasad Singh Son Of Ramanand Singh Defendant - Respondent - Respondent Both are Resident Of Village + P.O.- Chandapura, Nanhkar, P.S.- Desari, District- Vaishali .... .... opposite party /s ====================================================== Appearance :

For the Petitioner/s : Mr. Ashok Kumar Mishra For the opposite party/s :

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 17-01-2017 Heard Sri Ashok Kumar Mishra, learned counsel for the petitioner.

The present petition was filed in the month of October 2013 with a prayer to restore Second Appeal No. 616 of 1991 which stood dismissed due to non compliance of peremptory order which was passed long back on 24.3.1994. Sri Ashok Kumar Mishra, learned counsel for the petitioner tried to persuade the court that there was no laches on the part of the petitioner but due to laches on the part of Advocate Clerk Appeal stood dismissed.

However keeping in view the fact that Second Appeal

Patna High Court MJC No.5530 of 2013 (5) dt.17-01-2017 2/2 was not even admitted and no question of law was formulated and it stood dismissed due to non -compliance of peremptory order long back in the year 1994, there is no question for allowing the restoration petition which has been filed in the month of October 2013.

The petition stands dismissed.

(Rakesh Kumar, J) Praful/- U