Surjania Devi v. Bishundeo Chaurasia And ORS.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No. 3139 of 2013 In S.A. No. 536 of 2009 ====================================================== Surjania Devi D/o Most. Gangajali Devi & W/o Sheo Nath Chaudhary .... .... Petitioner/s

Versus

Bishundeo Chaurasia S/o Yogendra Bhagat & Ors. .... .... Opp. Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Naresh Chandra Verma For the Opp. Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 4.

13-01-2017 Heard Sri Naresh Chandra Verma, learned counsel for the petitioner.

The present petition has been filed with a prayer to restore S.A. No. 536 of 2009, which stood dismissed due to noncompliance of peremptory order dated 14-05-2010. By the said order, time for filing certified copy of the trial court judgment was extended up-to 21-05-2010.

It was submitted by learned counsel for the petitioner that since it was an old record, much time was consumed in obtaining certified copy and even after the same was provided to learned counsel, due to inadvertence, it was misplaced. Now he has obtained the same and he undertakes that if the restoration petition is allowed, the certified copy of the judgment will be filed immediately thereafter.

Patna High Court MJC No.3139 of 2013 (4) dt.13-01-2017 2/2 In view of facts and circumstances, the restoration petition is allowed.

Let S.A. No. 536 of 2009 be restored to its original filed, with condition that order dated 14-05-2010 passed in S.A. No. 536 of 2009 must be complied with within a period of two weeks, failing which, S.A. No. 536 of 2009 shall stand dismissed without further reference to a bench.

(Rakesh Kumar, J.) Anay U