Harendra Singh v. Nitya Nand Rai And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2884 of 2014 In C.R. 852 of 2009 ====================================================== Harendra Singh, Son of Sri Satya Narain Singh, residents of MohallaChhoti Marai, Town-Hajipur, Police Station- Hajipur Town, Post OfficeHajipur, District-Vaishali. .... .... Petitioner/s

Versus

1. Nitya Nand Rai, son of Sri Ganga Bishun Rai.

2. Smt. Amita Rai, wife of Sri Nitya Nand Rai. Both are residents of Village- Karanpura, Police Station-Ganga Bridge, Post Office- Hajipur, District-Vaishali.

3. Raja Pratap Singh @ Bachchau Babu.

4. Shiv Kumar Singh.

5. Nand Kumar Singh.

All (Sl. Nos.3 to 5) are sons of Late Bishwanath Singh.

6. Nilam Devi, wife of Late Krishna Kumar Singh.

7. Sanjay Kumar Singh.

8. Rajan Kumar Singh.

Both (Sl. No.7 and 8) are sons of Late Krishna Kumar Singh. All (Sl. Nos.3 to 8) are residents of Village-Sonepur Kesho Rampur Madho, Police Station-Sonepur, District-Saran. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ratna Deep Prasad For the Opposite Party/s :

====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 26-08-2015 This application has been filed for recall of the order dated 7.3.2013 passed in Civil Revision No.852 of 2009, whereby the civil revision application was dismissed for nonprosecution. Though notice was validly served in the restoration application but none has registered appearance for the opposite parties.

Having heard Mr. Ratna Deep Prasad, learned counsel

Patna High Court MJC No.2884 of 2014 (7) dt.26-08-2015 appearing for the petitioner and considering the reasons so assigned in this application, the order dated 7.3.2013 passed in Civil Revision No.852 of 2009 is recalled and Civil Revision No.852 of 2009 is restored to its original file. This application is allowed.

(Jyoti Saran, J) SKPathak/- U