Md Allauddin v. Tabassum Ahmad

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2210 of 2023 In SECOND APPEAL No.106 of 2018 ====================================================== Md Allauddin Son of Late Md Wajuddin Resident of Village- Akhtiyarpur P.S, Sarsi District- Purnea.

... ... Petitioner/s

Versus

Tabassum Ahmad Son of Late Moulbi Md Yusuf, Resident of VillageAkhtiyarpur P.S, Sarsi District- Purnea. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Nadimul Hasan For the Opposite Party/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 13-09-2024 Heard.

2. This application has been filed for restoring the Second Appeal No. 106 of 2018 to its original file and number which was dismissed for non-compliance of the peremptory order dated 01.11.2022.

3. By order dated 01.11.2022, learned counsel for the appellant was directed to remove the defect as pointed out by the Stamp Report dated 23.04.2018 with regard to filing of certified copy of the trial court judgment. Learned counsel for the appellant submitted that the said certified copy of the trial court judgment has been filed on 10.05.2023 in Second Appeal No. 106 of 2018 and prays that the same may be accepted.

4. Considering the facts and circumstance, the

Patna High Court MJC No.2210 of 2023(11) dt.13-09-2024 2/2 Restoration Application is allowed and S.A. No. 106 of 2018 is restored to its original file and number.

(Khatim Reza, J) annpurna/- U