Most. Kamla Kuer And ORS. v. Jiut Singh Yadav And ORS.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.201 of 2014 In SA 503 of 1988 ====================================================== Most. Kamla Kuer & Ors.

.... .... Petitioners

Versus

Jiut Singh Yadav & Ors.

.... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Gopal Krishna For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 22-04-2016 The learned counsel for the petitioner submitted that, in fact, the M.J.C. application itself is defective so much so that it will take much time for correcting the same, as the petitioner has no knowledge about death of many respondents in Second Appeal. Therefore, the learned counsel submitted that the petitioners may be permitted to withdraw this M.J.C. application with liberty to file a fresh M.J.C. application for avoiding further complication.

Perused the office note dated 21.04.2016.

It appears that many of the opposite parties have died during the pendency of the Second Appeal itself but the dead persons have been made party in the present restoration application.

In view of the above submission of the learned

Patna High Court MJC No.201 of 2014 (4) dt.22-04-2016 2/2 counsel, the M.J.C. application is permitted to be withdrawn with liberty to file a fresh M.J.C. application. Accordingly, this M.J.C. application is dismissed as withdrawn with aforesaid liberty. (Mungeshwar Sahoo, J) Mishra/- U