Patna High CourtMJC/1409/2016disposed

Sanju Kumari And ORS v. The Bihar State Road Transport Corporation Patna Through Its Chairman And Managing Director And ORS

2018-04-23Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1409 of 2016 ======================================================

1. Sanju Kumari W/o Late Niteshwar Shahi

2. Sweta Kumari aged about 9 years.

3. Sruti Kumari aged about 7 years.

4. Richa Kumari aged about 5 years.

5. Sanjay Kumar aged about 3 year

6. Keshav Kumar aged about 1 year.

All daughters and sons of Late Nitishwar Shahi. All R/o village-Malikana, P.S. Dumra, District-Sitamarhi at present Gurija Sadan, Krishnapuri ward no. 4, P.S. Dumara, Dist-Sitamarhi. ... ... Petitioner/s

Versus

1. The Bihar State Road Transport Corporation, Sultan Place Birchand Patel Path, Patna through its Chairman & Managing Director.

2. Chairman Bihar State Road Transport Corporation Sultan Place, Birchand Patel Path, Patna.

3. Managing Director Bihar State Road Transport Corporation, Sultan Place, Patna.

4. Deputy. Manager, Sitamarhi Dept. Bihar State Road Transport Corporation Sitamarhi.

5. Bus. No. BR-1P-5048.

6. Ram Das Pandit S/o Late Singheshwar Pandit R/o Village-Daud Nagar P.S. Bidupur, Dist-Vaishali.

7. National Insurance Company C/o Branch Manager, National Insurance Co. Limited Apana Bajan Bye Pass Chowk Shahid Chandra Bhushan Dvivedi Chowk Dumra Road, Sitamarhi.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sunil Kumar Pandey For the Respondent/s :

====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 23-04-2018 Heard learned counsel for the appellants.

This MJC application has been filed for restoration of M.A. no. 159 of 2012 to its original number with the case that the defect no. 1 as pointed out by the stamp reporter i.e. filing affidavit regarding the age of appellant no. 1 could not

Patna High Court MJC No.1409 of 2016(3) dt.23-04-2018 2/2 be filed by the appellant though the learned counsel for the appellant has mentioned the age of said appellant in the memo of appeal. Accordingly, the aforesaid Miscellaneous Appeal was dismissed in default. Now, he has filed the aforesaid affidavit also.

In the facts and circumstances of the case and in the interest of justice, the Miscellaneous Appeal no. 159 of 2012 is restored to its original file. Accordingly, this MJC application stands disposed of.

(Prakash Chandra Jaiswal, J) rohit/- U