Ram Binay Singh And ANR. v. Sri Narsingh Prasad And ORS.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No. 4510 of 2014 In M.A. No. 164 of 2013 ====================================================== Ram Binay Singh & Anr.

.... .... Petitioner/s

Versus

Sri Narsingh Prasad & Ors.

.... .... Opp. Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sandeep Kumar For the Opp. Party/s :

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.

07-10-2015 Heard Sri Sandeep Kumar, learned counsel for petitioners.

The present petition has been filed with a prayer to restore M.A. No. 164 of 2013, which stood dismissed due to noncompliance of peremptory order dated 14-11-2014. Learned counsel for petitioners submits that ten days' peremptory time was granted for depositing deficit court fee as well as removing defects. He submits that due to inadvertence, instead of depositing deficit court fee within ten days, it was deposited on the eleventh day. Regarding other defects, he makes a prayer for granting short time so that he may remove the defects. Accordingly, the restoration petition stands allowed. Let M.A. No. 164 of 2013 be restored to its original file with a condition that if defects are not removed, in view of

Patna High Court MJC No.4510 of 2014 (2) dt.07-10-2015 2/2 order dated 14-11-2014 passed in M.A. No. 164 of 2013, by 30th of October, 2015, the appeal i.e. M.A. No. 164 of 2013 shall stand dismissed without further reference to a bench. (Rakesh Kumar, J.) Anay U