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Patna High CourtMJC/1125/2017allowed

Smt. Bhagwati Devi @ Smt. Bhagirathi Devi v. Commissioners, Kishanganj Municipality At The Municipal Office

2019-07-03Mr. Justice Prabhat Kumar Jha1 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1125 of 2017 In SECOND APPEAL No.331 of 2016 ====================================================== Smt. Bhagwati Devi @ Smt. Bhagirathi Devi ... ... Petitioner/s

Versus

Commissioners, Kishanganj Municipality At The Municipal Office ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Satish Kumar Sinha For the Opposite Party/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 03-07-2019 Heard the learned counsel for the petitioner. Nobody appears on behalf of sole opposite party even after having received the notice.

This MJC is filed for restoration of S.A. No. 331 of 2016 which was dismissed for non compliance of the peremptory order.

It is submitted that certified copy of judgement and decree of the trial court could not be filed within time and the peremptory order could not be complied because of the situation beyond the control of the petitioner.

Being satisfied with the reasons shown, this restoration petition is allowed and S.A. No. 331 of 2016 is restored to its original file.

(Prabhat Kumar Jha, J) BKS/- U