Patna High CourtMJC/987/2014allowed

Sri Arbind Poddar v. Sri Suresh Kumar Choudhary And ORS.

2017-03-15Mr. Justice Samarendra Pratap Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.987 of 2014 In Civil Writ Jurisdiction Case No. 593 of 2011 ====================================================== Sri Arbind Poddar, Son of Sri Shiv Bhagwan Poddar, Resident of Mohalla - Jawahar Lal Road, at Post Office and Police Station - Muzaffarpur, District - Muzaffarpur .... .... Petitioner

Versus

1. Sri Suresh Kumar Choudhary, Son of Late Kabul Chandra Choudhary, resident of Mohalla - Balughat, at Post Office + Police Station - Muzaffarpur, District - Muzaffarpur, Present Address Fashion Sari Kendra, 1st Floor, Laxmi Bhawan, Mohalla - Sutapatti, Sarayaganj, at Post Office + Police Station - Muzaffarpur, District - Muzaffarpur

2. Abha Choudhary

3. Suman Choudhary Both Daughter of Late Bishwanath Prasad Choudhary

4. Kanu Bishwanath

5. Komal Choudhary Both Minor Sons of Late Bishwanath Prasad Choudhary All Resident of Laxmi Bhawan, Mohalla Sutapatti Saraiyaganj, at Post Office + Police Station - Muzaffarpur, District - Muzaffarpur .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Ranjan Kumar Dubey For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 15-03-2017 The instant application is filed for restoration of C.W.J.C. No. 593 of 2011, which was dismissed for noncompliance of peremptory order, dated 30.06.2011. It appears that on 30.06.2011, the petitioner was directed to file requisites both under ordinary process as well as registered cover with A/D.

Learned counsel for the petitioner submits that as he could not hear the order clearly, he filed requisites only under

Patna High Court MJC No.987 of 2014 (4) dt.15-03-2017 2/2 ordinary process. He further submits that subsequently he has filed requisites with regard to registered cover with A/D as well. Having regard to the facts and circumstances of the case, this restoration application is allowed and C.W.J.C. No.593 of 2011 is restored to its original file.

(Samarendra Pratap Singh, J.) Uday/- U