Basudeo Tanti And ORS v. Jagdish Tanti And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1836 of 2015 In C.R. 459 of 2013 ======================================================

1. Basudeo Tanti

2. Bhaso Tanti

3. Bhuto Tanti, All sons of Late Thakur Tanti and resident of Village Gopalpur, P.S. Khaira, District Jamui .... .... Petitioners

Versus

1. Jagdish Tanti

2. Nuneshwar Tanti

3. Bishun Tanti, all sons of Banshi Tanti Resident of Village Gopalpur, P.S. Khaira, District Jamui .... .... Opposite Parties ====================================================== Appearance :

For the Petitioners : Mr. Rajesh Kumar Sinha, Advocate For Opposite Parties : None ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 23-09-2015 This application has been filed for restoration of Civil Review No. 459 of 2013 which stood dismissed for noncompliance of the peremptory order dated 14.05.2014 as the defects in question were not removed within the permitted time.

2. Learned counsel for the petitioners submits that the defects could not be removed within one week time granted for the purpose as he was out of station.

3. Be that as it may, it transpires that even after dismissal of the review petition by reason of the non-compliance of the peremptory order, the petitioners have filed the present restoration application after more than one year thereafter without

Patna High Court MJC No.1836 of 2015 (2) dt.23-09-2015 2/2 any explanation therefor.

4. In the above view of the matter, this Court is not satisfied to allow this restoration application. The same stands dismissed.

(Vikash Jain, J) B.T/- U