Patna High CourtMJC/1908/2017disposed

Hadis Khan v. Bibi Tohidan And ORS

2018-10-10Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No. 1908 of 2017 In C. REV. 385 of 2014 ====================================================== Hadis Khan son of Wohid Khan resident of village - Sirsa Rai, P.S. Amnaur, Distt - Saran at Chapra.

.... .... Petitioner/s

Versus

Bibi Tohidan & Ors.

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

For the Petitioner/s : Mr. Md. Waliur Rahman For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 10-10-2018 This petition has been filed for restoration of Civil Review No. 385 of 2014 which stood dismissed against the opposite party no. 13 to 18 of the aforesaid review petition as the petitioner failed to comply with the peremptory order of this court. Perusal of record of Civil Review No. 385 of 2014 goes to show that petitioner was directed in the aforesaid Civil Review No. 385 of 2014 to take step for fresh service of notice on opposite party no. 13 to 18 of the aforesaid review petition and subsequently, vide peremptory order dated 27.03.2017 he was granted three weeks time for compliance of direction of the court. However, petitioner was under impression that vide aforesaid order dated 27.03.2017 he was granted four weeks time and

Patna High Court MJC No.1908 of 2017 (3) dt.10-10-2018 2/2 subsequently, within four weeks of the aforesaid order petitioner filed necessary requisites for issuance of notices but unfortunately, before filing of the necessary requisites, the review petition in respect of opposite party no. 13 to 18 had already dismissed due to non compliance of peremptory order.

In view of the aforesaid submissions, this restoration petition stands allowed and it is ordered that Civil Review No. 385 of 2014 is restored in respect of opposite party no. 13 to 18 and accordingly, office is directed to issue notice to opposite party no. 13 to 18 of the aforesaid Civil Review No. 385 of 2014 in the light of previous order of this court.

In the aforesaid manner, the present petition stands disposed of.

(Hemant Kumar Srivastava, J) SHAHZAD/- U