Kedar Nath Singh v. Mahendra Prasad Singh And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.4937 of 2014 In SA 204 of 2012 ====================================================== Kedar Nath Singh .... .... Petitioner/s

Versus

Mahendra Prasad Singh & Ors .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Mukesh Kant ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 22-07-2015 Heard Mr. Kant in support of the present application which has been filed for restoration of S.A. No. 204 of 2012 by extending the time granted under order dated 15.07.2014. This Court after hearing the counsel for the appellant directed for issuance of notices to respondent nos. 1 to 5 for which requisites under both modes were to be filed within ten days. It has been submitted that requisites for issuance of notice under ordinary process were filed well within time. However, due to some mistakes the registered cover could not be filed. Treating the same as part compliance of the order, the appeal was dismissed. Mr. Kant states that on 24.12.2014 requisites for issuance of notice under registered cover on those respondents have been filed. Reasons for late compliance of the order have been stated in para 7 of the application.

Patna High Court MJC No.4937 of 2014 (3) dt.22-07-2015 2/2 Having heard Mr. Kant in support of the application and on perusal of the statements made therein the same is allowed. The peremptory time granted under order dated 15.07.2014 is extended to 24.12.2014 subject to deposit of a cost in the sum of Rs. 400/- with the Patna High Court, legal Services Committee and filing receipt thereof within two weeks.

(Kishore Kumar Mandal, J) HR/- U