Tulsi Kumar Saw v. Punam Kumari

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2110 of 2019 In Miscellaneous Appeal No.1197 of 2016 ====================================================== Tulsi Kumar Saw S/o Khushiyal Saw R/o Village Belgada, District Chatra, State- Jharkhand, presently residing at Q.No. T- IV/17C Anukiran Colony, Rawatbhata, District Chittorgarh, Rajasthan.

... ... Petitioner

Versus

Punam Kumari D/o Brajkishore Prasad R/o Vill-Gangapur, P.S.-Kurtha, DistJehanabad, Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Vinay Mistry For the Opposite Party/s :

Mr.Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER (Per: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH) 14-01-2020 The defect pointed out by the Stamp Reporter is ignored.

Heard learned counsel for the petitioner.

This application has been filed by the petitioner for restoration of M.A. No. 1197 of 2016, which was dismissed for want of prosecution vide order dated 10.05.2019. It is submitted by learned counsel for the petitioner that on 10.05.2019 inadvertently the case could not be marked by the advocate clerk resulting into non-appearance of the advocate appearing for the petitioner when the case was called out. He contended that non-appearance of the advocate on

Patna High Court MJC No.2110 of 2019(4) dt.14-01-2020 2/2 behalf of the petitioner was neither intentional nor deliberate and if the application would not be restored, the petitioner would suffer irreparable injury.

Considering the submissions made above, the application is allowed. M.A. No. 1197 of 2016 is restored to its original file.

(Ashwani Kumar Singh, J) ( Partha Sarthy, J) Pradeep/- U