Sonfi Devi v. Arvind Kumar And ORS

Patna High Court MJC No.3316 of 2016 (3) dt.11-09-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.3316 of 2016 In Miscellaneous Jurisdiction Case No. 776 of 2014 ====================================================== Sonfi Devi .... .... Petitioner/s

Versus

Arvind Kumar & Ors .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rewti Kant Raman For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 11.09.2017 Heard.

This petition has been preferred for restoration of MJC no. 776/2014 which was filed on behalf of the applicant for restoration of F.A. no. 71/2013. It would appear from perusal of the record that the above stated F.A. no. 71/2013 was dismissed due to non-compliance of the peremptory order and thereafter, MJC no. 776/2014 was filed for restoration of the aforesaid F.A. no. 71/2013 and in the above stated MJC no. 776/2014, the preemptory order was passed for issuance of notices to opposite parties but the aforesaid peremptory order was not complied with as a result whereof MJC no. 776/2014, too, was dismissed for want of prosecution. However, on the basis of the

Patna High Court MJC No.3316 of 2016 (3) dt.11-09-2017 ground mentioned in the present petition, this MJC stands allowed and accordingly, MJC no. 776/2014 is restored to its original file. Office should proceed in the light of order dated 4.2.2015, if the aforesaid peremptory order has already been complied with. Shahid (Hemant Kumar Srivastava, J) U