Mithilesh Tiwari v. Damayanti Kuer And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.981 of 2017 In CIVIL REVIEW No.148 of 2013 ====================================================== Mithilesh Tiwari ... ... Petitioner/s

Versus

Damayanti Kuer and Ors ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Ms. Diksha Singh, Advocate For the Opposite Parties :

Mr. Rajnit Kr. Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 23-09-2022 I. A. No. 1172 of 2014 This interlocutory application has been filed for condonation of delay in filing the restoration application. For the reasons mentioned in the interlocutory application, it is allowed and delay in filing the restoration application is condoned.

MJC No. 981 of 2017 Heard the parties.

The defects No. 1 and 2 as pointed out by the office shall be removed by the petitioner.

This application has been filed for restoration of Civil Review No. 148 of 2013 which stood dismissed for nonprosecution vide order dated 11.04.2014. For the reasons mentioned in this application, it is

Patna High Court MJC No.981 of 2017(3) dt.23-09-2022 2/2 allowed and Civil Review No. 148 of 2013 is restored to its original file.

It appears that Hirdaya Nand Tiwari died before filing of the present M.J.C. application. Therefore, name of Hirdaya Nand Tiwari in the review application is deleted. Re. Civil Review No. 148 of 2013 Issue notice to respondent nos. 1, 2 and 3 through ordinary process for which requisite etc. must be filed within four weeks.

List this civil review application after eight weeks before appropriate Bench.

(Sandeep Kumar, J) Harsh/ U