Patna High CourtCWJC/4803/2014dismissed

Kailash Prasad And ANR v. Mirza Anwar Beg And ORS

2016-01-21Mr. Justice Mungeshwar Sahoo2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4803 of 2014 ====================================================== Kailash Prasad & Anr .... .... Petitioner/s

Versus

Mirza Anwar Beg & Ors .... .... Respondent/s ====================================================== Appearance :

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

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 15-11-2016 Heard the learned counsel for the petitioner and the learned counsel for the opposite party.

This MJC application has been filed for modification of the order dated 21.01.2016.

The learned counsel for the petitioner submitted that while dismissing the writ application, this Court observed that „the lower Court wrongly allowed to reconstruct the lower Court record.‟ On the other hand, the learned counsel for the opposite party objected the prayer for the modification.

Perused the order dated 21.01.2016 passed in C.W.J.C. No.4803 of 2014. In fact the writ application was filed by the opposite party of this MJC application against the order dated 14.03.2013 whereby the learned Court below has allowed reconstruction of the document filed by the defendant No.6. This Court dismissed the writ application holding that the Court below

Patna High Court CWJC No.4803 of 2014 (3) dt.15-11-2016 2/2 has only directed to reconstruct the record as the documents have already been destroyed by white ant. However while observing this „wrongly‟ has been typed by mistake. Therefore, since it is typing mistake, the word „wrongly‟ occurring in second line of second paragraph in the order dated 21.01.2016 is deleted. The order shall be read as "By the impugned order dated 14.03.2013, the Court below has allowed to reconstruct the lower Court record because .................".

Thus, this order dated 21.01.2016 is corrected to that effect. The MJC application stands allowed.

(Mungeshwar Sahoo, J) Sanjeev/- U T