Om Prakash Prasad v. Sita Prasad And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.4826 of 2014 In MA 835 of 2011 ====================================================== Om Prakash Prasad .... .... Petitioner/s

Versus

Sita Prasad & Anr.

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

For the Petitioner/s : Mr. Bindeshwar Sah For the Respondent/s :

====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 10-07-2015 The counsel for the petitioner has filed this application for modification of the order dated 26th March 2014 stating that the question of filing a certified copy of the award is impossible on account of the fact that the document itself has been destroyed which is apparently clear from the information slip supplied by the Office of the court below, in such situation, the appellant could not comply the order passed by this Court for filing a certified copy and as such, in M.A. No. 835 of 2011 prayer was made to condone the requirement of filing of certified copy of the award.

If the document is not available and has been destroyed itself, the appellant cannot be compelled to obtain the certified copy of the award. In such view of the matter, the order dated 26th March 2014 is recalled and the appellant is dispensed

Patna High Court MJC No.4826 of 2014 (2) dt.10-07-2015 2/2 with from filing of the certified copy of the award and the Office is directed to proceed with the matter on the basis of judgment attached to the Miscellaneous Appeal No. 835 of 2011. Accordingly, this application is disposed of. (Shivaji Pandey, J) Mahesh/- U