Vijay Kumar Gupta v. Mahendra Singh

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1811 of 2019 In SECOND APPEAL No.332 of 1996 ====================================================== Vijay Kumar Gupta & Ors ... ... Petitioner/s

Versus

Mahendra Singh ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Satyapal Singh For the Opposite Party/s :

Mr.Om Prakash Upadhyay ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 03-05-2019 Heard learned counsel for the petitioners.

This M.J.C. petition has been filed for restoration of Second Appeal No.332 of 1996, which was dismissed for noncompliance of peremptory order dated 30.01.2019. Learned counsel for the petitioners submits that the deficit court fee stamp of Rs.1930.10 was filed one day after peremptory time.

Learned counsel for the opposite party did not object the restoration.

Being satisfied with the submissions as well as the reasons stated in the restoration petition, this M.J.C. petition is allowed and Second Appeal No.332 of 1996 is restored to its original file.

Patna High Court MJC No.1811 of 2019(2) dt.03-05-2019 2/2 Office is directed to list Second Appeal No.332 of 1996 on 19.08.2019 under appropriate heading. (Prabhat Kumar Jha, J) Harish/- U