Dilip Kumar v. The State Of Bihar And ORS

Patna High Court MJC No.97 of 2016 (3) dt.10-03-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.97 of 2016 In LPA 1280 of 2014 ====================================================== Dilip Kumar .... .... Petitioner/s

Versus

The State of Bihar & Ors .... .... Respondent/s ====================================================== Appearance :

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

====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT GUPTA and HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA ORAL ORDER (Per: HONOURABLE MR. JUSTICE HEMANT GUPTA) 10-03-2016 The present application is for restoration of L.P.A. No.1280 of 2014, which stood dismissed in default on 04.12.2014 on account of non-compliance of the peremptory order passed by a Bench of this Court on 10.11.2014.

It is pointed out by learned counsel for the petitioner that he has removed all the defects within the time granted by this Court, still the office has treated the defects and consequently treated the appeal as dismissed.

In the interest of justice, we deem it appropriate to recall the order dated 04.12.2014 and restore L.P.A. No.1280/2014 to its original file with condition that the petitioner shall remove all the defects, if not already removed, to the satisfaction of the office

Patna High Court MJC No.97 of 2016 (3) dt.10-03-2016 within two weeks from today.

The appeal shall be listed for hearing thereafter before an appropriate Bench.

(Hemant Gupta, J) (Ramesh Kumar Datta, J) V.P.Sinha/- U