Gaura Devi And ORS. v. Shankar Mahto And ORS.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.3925 of 2014 In First Appeal No. 810 of 1976 ====================================================== Gaura Devi & Ors.

.... .... Petitioner/s

Versus

Shankar Mahto & Ors.

.... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Suresh Prasad Singh For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 20-06-2016 Heard, learned counsel Mr. Ramadhar Singh for the petitioner.

Learned counsel for the petitioner submitted that after hearing the petitioners in limitation matter, this court on 16.05.2016, passed a reasoned order and condoned the delay on being satisfied that the petitioners have explained the delay to the satisfaction of the court.

Perused the order dated 16.06.2016. It appears that the order has been passed in great detail finding that after notice the opposite party never appeared.

In my opinion therefore, in admission matter further, notice is not necessary in this MJC application, accordingly, this MJC application is allowed. The order dated 03.11.1997 passed by this court in First Appeal No.810 of 1976 is set aside and the

Patna High Court MJC No.3925 of 2014 (10) dt.20-06-2016 2/2 abatement, if any, is set aside. The First Appeal No. 810 of 1976 is restored to its original file.

(Mungeshwar Sahoo, J) siddharth/- U