Heera Devi And ORS v. The State Of Bihar, Saharsa
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No. 4957 of 2014 ======================================================
1. Heera Devi wife of Jagannath Khan
2. Puja Kumari
3. Guria Kumari Both daughters of late Seth Khan
4. Roshan Kumar son of late Seth Khan Petitioners no. 2 to 4 being minors, as such represented through petitioner no. 1 Heera Devi by the order of the Court. All are resident of village and p.s. Bangaon, District Saharsa. .... .... Petitioner/s
Versus
The State of Bihar through the District Magistrate, Saharsa. .... .... Respondent/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ashok Kumar Mishra For the Respondent/s : Mr. Kundan Bhadur Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 20-09-2017 Heard.
This petition has been preferred for restoration of M.A. No. 562 of 2013 which stood dismissed on 21.04.2014 due to non compliance of peremptory order dated 10.04.2014. Learned counsel for the petitioners submits that as a matter of fact, the concerned advocate clerk had gone to his native village in connection with treatment of his mother and that was the reason the peremptory order of the court could not be complied with in time. However, the concerned clerk also died and the petitioners are ready to comply the peremptory order of the court within the period as fixed by this court.
Taking note of the aforesaid submissions as well as
Patna High Court MJC No.4957 of 2014 (5) dt.20-09-2017 2/2 facts and circumstances of the case, this restoration petition stands allowed and accordingly, M.A. No. 562 of 2013 is restored to its original number, subject to condition that petitioners must remove the defects as pointed out by the office within four weeks after Puja holidays, failing which the aforesaid M.A. No. 562 of 2013 shall be deemed to be dismissed.
(Hemant Kumar Srivastava, J) SHAHZAD/- U