Nitu Pandey v. Sunil Kumar Pandey

Patna High Court MJC No.332 of 2016 (2) dt.10-03-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.332 of 2016 In MA 738 of 2013 ====================================================== Nitu Pandey .... .... Petitioner/s

Versus

Sunil Kumar Pandey .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ravindra Kumar For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT GUPTA and HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA ORAL ORDER (Per: HONOURABLE MR. JUSTICE HEMANT GUPTA) 10-03-2016 The application is for restoration of Misc. Appeal No.738 of 2013, which has been dismissed for non-compliance of the peremptory order dated 3rd September, 2015. The petitioner was granted one week time to file requisites etc. for issuance of notice upon the sole respondent. The petitioner has not filed proper notice. In fact, the appeal stood dismissed for noncompliance of the peremptory order dated 03.09.2015. In the facts and circumstances of the case, Misc. Appeal No.738 of 2013 is directed to be restored to its original number, subject to the petitioner complying with the order dated 03.09.2015 within a period of one week from today. The application is, accordingly, allowed.

V.P.Sinha/- (Hemant Gupta, J) (Ramesh Kumar Datta, J) U