Sham Dulari Devi @ Sham Dulari Kunwar v. Shivji Dubey And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No. 290 of 2015 In Civil Writ Jurisdiction Case No. 2110 of 2013 ====================================================== Sham Dulari Devi @ Sham Dulari Kunwar .... .... Petitioner/s

Versus

Shivji Dubey & Ors .... .... Opp. Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ramchandra Sahni For the Opp. Party/s : Mr.

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

13-02-2017 Heard Sri Ramchandra Sahni, learned counsel for the petitioner.

The present petition has been filed with a prayer to restore C.W.J.C. No. 2110 of 2013, which stood dismissed due to part non-compliance of peremptory order dated 19-02-2013. It was submitted by learned counsel for the petitioner that due to inadvertence, order dated 19-02-2013 was partly complied with. By way of referring to statement made in paragraph - 7 of the petition, learned counsel for the petitioner submits that even order dated 19-02-2013 has now been fully complied with, since the petitioner has filed notices to be issued on respondents through ordinary process on 09-01-2015 i.e. after the expiry of the peremptory time.

In view of facts and circumstances, the restoration

Patna High Court MJC No.290 of 2015 (4) dt.13-02-2017 2/2 petition is allowed.

Let C.W.J.C. No. 2110 of 2013 be restored to its original file.

(Rakesh Kumar, J.) Anay U