Ram Naresh Bhagat v. Najmun Nisha And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.3258 of 2016 In MA 426 of 2014 ====================================================== Ram Naresh Bhagat S/o Devi Narain Bhagat resident of Village House No.124 Shivram, Darbhanga, P.S.- Darbhanga District- Darbhanga. .... .... O.P. No.1 Appellant ---- Petitioner

Versus

1. Najmun Nisha wife of Late Mojibul Pamaria resident of VillageBajitur (Kothia), P.S.- L.N.M.U. Darbhanga, District- Darbhanga. --- Claimant/Respondent 1st Set/Opposite 1st Party

2. Babloo Kumar alias Bablu Kumar Mandal alias Bablu Mandal son of Shyam Lal Mandal alias Shyam Mandal resident of Village Tarauni, P.O. Nehra, P.S.- Bahera, District- Darbhanga. --- O.P. No.2

3. Branch Manager, The Oriental Insurance Co. Ltd. Sakamapul, Darbhanga, Dist- Darbhanga.

.... .... O.P. No.3/Respondent 2nd Set/Opposite 2nd Parties ====================================================== Appearance :

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

====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 29-11-2017 This Court, vide order dated 1.9.2015 passed in M.A. No. 426 of 2014, had directed to remove the defect within a period of six weeks including deposit of the statutory amount of Rs. 25,000/-. Though the defect has been removed but, the petitioner could not deposit the statutory amount of Rs. 25,000/- which led to dismissal of the M.A. No. 426 of 2014.

Looking to the facts and circumstances of the case, this restoration petition is allowed and M.A. No. 426 of 2014 is restored to its original file and the time is extended further by six weeks to deposit the aforesaid amount failing which M.A. No. 426

Patna High Court MJC No.3258 of 2016 (5) dt.29-11-2017 of 2014 shall again be rejected without further reference to a Bench.

(Shivaji Pandey, J) Rishi/- U