Patna High CourtMJC/2353/2017allowed

Ram Chandra Hazari v. Anil Kumar And ORS

2017-12-06Mr. Justice Prabhat Kumar Jha2 pages

Patna High Court MJC No.2353 of 2017 (4) dt.06-12-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2353 of 2017 In C.R. 56 of 2017 ======================================================

1. Ram Chandra Hazari S/o Late Shyam Sundar Hazari, Resident of Village- Dumaria, Bujurg (P.O.), P.S.- Parbatta, District- Khagaria, at present at Sultanganj (P.O. and P.S.) District- Bhagalpur. .... .... Petitioner/s

Versus

1. Anil Kumar,

2. Paveen Kumar, both sons of Shri Ram Chandra Hazari, of VillageDumaria, Bujurg (P.O.) P.S.- Parbatta, District- Khagaria, at present at Sultanganj, (P.O. and P.S.) District- Bhagalpur. At present Opp. Party no.1 is residing at Flat No.504, Harikunj, C-wing, 5 Hemu Colony Road, Sindhi Society, Chambur, Mumbai- 400071.

3. Naveen Kumar, Son of Shri Ram Chandra Hazari,

4. Neelima Hazari, wife of Shri Ram Chandra Hazari, Both resident of Village- Dumaria Bujurg, P.S.- Parbatta, District- Khagaria, at present at Sultanganj, (P.O. and P.S.) District- Bhagalpur. -- Defendants 1st party/Opposite party 2nd set

5. Meera Devi, Wife of Shri Ghutar Thakur,

6. Ranjo Devi, Wife of Shri Shiv Narain Prasad Yadav, Sl no. 5 and 6 resident of Village- Tarar (P.O.), P.S.- Sanhoulla, District- Bhagalpur.

7. Beccho Yadav, Son of Late Bhujo Yadav, of Khiradih, P.S.- Parbatta, District- Khagaria.

-- Defendants 2nd party/Opposite party 3rd set ====================================================== Appearance :

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

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 06-12-2017 Heard both sides.

This M.J.C. application is filed for restoring Civil Revision No.56 of 2017 which was dismissed for non-compliance of the peremptory order dated 03.07.2017.

The learned counsel for the petitioner submits that vide

Patna High Court MJC No.2353 of 2017 (4) dt.06-12-2017 order dated 03.07.2017, the petitioner was allowed one week time to remove defect Nos.3, 4, 6, 8 and 10 but the petitioner could not remove the defects within one week and consequently the Civil Revision No.56 of 2017 was dismissed. Petitioner has already removed all the defects.

Considering the facts aforesaid, this restoration petition is allowed. Civil Revision No.56 of 2017 is restored to its original file.

(Prabhat Kumar Jha, J) Saurabh/- U