Bachi Devi v. Saraswati Devi And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2043 of 1994 ====================================================== Bachi Devi, wife of Sri Ratneshwar Choudhary, resident of VillageSahbajpur, P.S. Ahiyapur, District- Muzaffarpur ... ... Petitioner/s

Versus

1. Saraswati Devi, wife of late Dharkan Lal Sahi

2. Raghvendra Sahi, son of late Dharkan Lal Sahi Both resident of Village- Sahbajpur, P.S. Ahiyapur, District- Muzaffarpur ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

For the Respondent/s :

====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL JUDGMENT Date : 17-01-2018 This application has been filed in the year 1994 for restoration of M.J.C. No. 1438 of 1992 which was dismissed on 22.01.1993. M.J.C. No. 1438 of 1992 was filed for restoration of Civil Review No. 6 of 1986 which was dismissed for noncompliance of an order passed on 29.07.1987. The matter is pending since 1994. It was listed on 08.11.2017 when learned counsel for the applicant took time to go through the record and seek instructions. Today he points out that he has no instructions in the matter and even the records of the case are not available.

Office note dated 01.11.2017 indicates that neither the records of M.J.C. No. 1438 of 1992 are available nor the records of Civil Review No. 6 of 1986 are available in the High

Patna High Court MJC No.2043 of 1994 dt.17-01-2018 2/2 Court.

Faced with the aforesaid situation, this Court has no other option but to dismiss the application for want of prosecution.

(Rajendra Menon, CJ) P.K.P./- AFR/NAFR N.A.F.R.

CAV DATE N.A.

Uploading Date 18.01.2018 Transmission Date