Smt. Neelam Devi v. Mahadeo Prasad Sah @ Madhav Prasad Sah And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.849 of 2016 In First Appeal No. 337 of 2001 ====================================================== Smt. Neelam Devi .... .... Petitioner/s

Versus

Mahadeo Prasad Sah @ Madhav Prasad Sah & Ors .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shiv Shankar Sah, Advocate For the Respondent/s : Mr. Smt. Sudha Ambastha ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 30-03-2016 This M.J.C. has been filed for restoration of First Appeal No. 337 of 2001 which was dismissed on 21.05.2015 as on that date no one was present on behalf of the appellant. It is submitted that the appellant shall take step at once for substitution of respondents in compliance of the Court's order dated 02.04.2013. It is submitted that due to un-avoidable circumstances on that date, on call, the learned counsel for the appellant did not appear.

Considering the submission and grounds taken in MJC being reasonable, the First Appeal dismissed for default, is hereby restored to its original file bearing First Appeal No. 337 of 2001. However, the learned counsel for the appellant is directed to take steps in compliance of the order dated 02.04.2013 within two weeks.

(Jitendra Mohan Sharma, J) sushma/- U