Sheopujan Bhagat And ORS v. Vijay Bahadur Singh And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No. 189 of 2015 In Miscellaneous Jurisdiction Case No. 178 of 2000 ====================================================== Sheopujan Bhagat & Ors .... .... Petitioner/s

Versus

Vijay Bahadur Singh & Ors .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Raghav Prasad For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 3.

08-07-2015 Heard Sri Raghav Prasad, learned counsel for petitioners.

The present petition has been filed with a prayer to restore M.J.C. No. 178 of 2000, which stood dismissed due to non-compliance of peremptory order dated 01-12-2014. By the said order, learned counsel for petitioners was permitted to take fresh steps for service of notice on opposite party no. 1(c), for which requisite was to be filed within three weeks. Since the order dated 01-12-2014 was not complied with, the M.J.C. petition stood dismissed.

It has been indicated in the petition that earlier the correct address was not ascertained and as such, within time requisite could not be filed, however; immediately after ascertaining the address, the requisite was filed, in compliance

Patna High Court MJC No.189 of 2015 (3) dt.08-07-2015 2/2 with order dated 01-12-2014, on 15-01-2015, ofcourse belatedly. In view of the facts and circumstances, the petition stands allowed.

Let M.J.C. No. 178 of 2000 be restored to its original file. Office may utilize the requisite, which has been said to have filed earlier.

(Rakesh Kumar, J.) Anay U