Gopal Yadav And ORS v. Awadhesh Yadav And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.3409 of 2016 In SECOND APPEAL No.357 of 2013 ====================================================== Gopal Yadav and Ors ... ... Petitioner/s

Versus

Awadhesh Yadav and Ors ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manoj Kumar Singh For the Opposite Party/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 01-07-2019 Heard both sides.

This M.J.C. petition is filed for restoration of M.J.C. No.85 of 2016 by which Second Appeal No.357 of 2013 was restored to its original file subject to deposit of cost of Rs.5,000/- before the Patna High Court Legal Services Committee by the petitioners within a period of four weeks but admittedly the cost was not deposited by the petitioners within the prescribed period, consequently M.J.C. No.85 of 2016 stood dismissed and second appeal was not restored. Therefore, the present restoration petition was filed after depositing of cost of Rs.5,000/-.

Having considered the submissions of learned counsel for the petitioners and the statements made in the petition, I find that the petitioners have satisfactorily explained the reasons for

Patna High Court MJC No.3409 of 2016(5) dt.01-07-2019 2/2 non-compliance of the order within time. Accordingly, this M.J.C. petition is allowed and M.J.C. No.85 of 2016 is restored to its original file.

(Prabhat Kumar Jha, J) Harish/- U