Shashi Singh v. Most. Chadrawati Singh And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1906 of 2015 In First Appeal No. 100 of 2007 ====================================================== Shashi Singh .... .... Petitioner/s

Versus

Mostt. Chandrawati Singh & Ors .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Samir Kumar For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 06-09-2017 This M.J.C. has been filed for restoration of First Appeal No. 100 of 2007 which stands abated as a whole by order dated 28.04.2015 as the same stood rejected as against respondent nos. 1, 2, 3, 5,6 and 7 and, as such, the same cannot be proceed against respondent no.4 Submission is that the Advocate was engaged and as such, he could not comply the order of this court and due to noncompliance of the Court's order the appeal stood rejected as against respondent nos. 1, 2, 3, 5, 6 and 7. Now, the order has been complied on 01.04.2015 by filing notice and talwana as the Advocate of the petitioner was suffering from illness and due to this reason he has not done proper compliance of the order of this Court and the mistake being inadvertent and bonafide and, as such, the appeal be restored to its original file.

Patna High Court MJC No.1906 of 2015 (3) dt.06-09-2017 2/2 Under the circumstances, considering the ground genuine and reasonable, First Appeal No. 100 of 2007 is restored to its original file and number.

(Jitendra Mohan Sharma, J.) Rajiv/- U