Ramaotar Prasad Yaduka, And ORS v. Habibur Rahman And ORS

Patna High Court MJC No.2697 of 2014 (3) dt.27-01-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2697 of 2014 In First Appeal No. 797 of 1980 ====================================================== Ramaotar Prasad Yaduka, & Ors .... .... Petitioner/s

Versus

Habibur Rahman & Ors .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anant Kishor Lal Das For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 27-01-2016 The learned counsel for the petitioners submitted that Sagar Mal was only appellant in the first appeal. He died during the pendency of the first appeal. The present petitioners, who are the legal heirs of the sole appellant, had no knowledge about the pendency of the first appeal.

The learned counsel, who was on behalf of Sagar Mal, did not inform the petitioners about the pendency of the first appeal, therefore, nobody appeared when the first appeal was called on hearing.

In view of the submission made in the application and new fact that the sole appellant had already died and the legal representatives had filed this M.J.C. application for restoration of first appeal being F.A. No. 797 of 1980, this M.J.C. application is allowed and the F.A. No. 797 of 1980 is restored to its original file.

(Mungeshwar Sahoo, J) brajesh/- U