Pramod Kumar v. The State Of Bihar And ORS

Patna High Court MJC No.2748 of 2015 (2) dt.10-03-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2748 of 2015 In LPA 1308 of 2014 ====================================================== Pramod Kumar .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mithilesh Kumar Upadhyay For the Respondent/s : Mr. Rajesh Kumar Sinha, A.C. to G.P.25 ====================================================== 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 application is for restoration of L.P.A. No.1308 of 2014, which stood dismissed in default due to non-compliance of the peremptory order dated 20.08.2015. The petitioner was granted two days' time on 20.08.2015 to take steps for fresh service of notice on respondent No.8 which, according to the petitioner, has been complied with on 22.08.2016.

The petitioner has complied with the peremptory order dated 20.08.2015 within time and therefore, the appeal shall not be treated as dismissed.

In view of the above, L.P.A. No.1308 of 2014 is directed to be restored to its original file.

The restoration application is, accordingly, allowed.

Patna High Court MJC No.2748 of 2015 (2) dt.10-03-2016 List the appeal for further proceedings.

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