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Patna High CourtMJC/1281/2021allowed

Chitradhar Jha v. The State Of Bihar

2022-12-14Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1281 of 2021 In SECOND APPEAL No.512 of 1989 ====================================================== Chitradhar Jha S/o Late Gangadhar Jha Resident of village- Dhangri, P.S.- Sikty, District- Araria ... ... Petitioner/s

Versus

The State of Bihar through the Collector, Purnea, Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Gopal Kumar Jha, Advocate For the Opposite Party/s :

Md. Khurshid Alam (AAG 12) ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 14-12-2022 Heard learned counsel for the petitioner.

The instant application has been filed for restoration of Second Appeal no.512 of 1989 which stood dismissed in default by order dated 29.1.2020.

It is submitted by learned counsel for the petitioner that the erstwhile learned counsel, appearing for the appellant in Second Appeal no.512 of 1989, passed away during pendency of the instant appeal and as such, no one appeared when the case was called out.

Having heard learned counsel for the parties and taking into consideration the contents of the restoration application, the Court is satisfied that the appellant is made out a

Patna High Court MJC No.1281 of 2021(5) dt.14-12-2022 2/2 case for restoration of the appeal.

The application is allowed and the Second Appeal no.512 of 1989 is restored to its original file. (Partha Sarthy, J) Saurabh/- U