Om Prakash Guide v. Jagdish Narayan Gupta And ORS.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.248 of 2013 In SA 475 of 2010 ====================================================== Om Prakash Guide .... .... Petitioner/s

Versus

Jagdish Narayan Gupta & Ors.

.... .... Respondent/s ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 19-08-2017 This application has been filed for restoration of Second Appeal No.475 of 2010 which was dismissed for noncompliance of peremptory order dated 9.5.2011. Even though notices on this application have been issued and records indicate that the respondents have not been served, but considering the fact that this application is pending since 2013, in the second appeal No.475 of 2010 no notices were issued to the respondents, no question of law were formulated, no notice is required to be issued with regard to this application. Notice can be issued in case Second Appeal is admitted, question of law framed and, therefore, keeping in view all these factors and taking note of the reasons indicated in the application, the same is allowed. S.A. No.475 of 2010 restored to its original file to be placed before orders before appropriate Bench.

(Rajendra Menon, CJ) K.C. jha/- U