Satya Narayan Singh And ORS v. Manager Pandit And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.4279 of 2018 In SA 488 of 1990 ====================================================== Satya Narayan Singh & Ors .... .... Petitioner/s

Versus

Manager Pandit & Ors .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anand Kumar Singh, Adv For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 31-10-2018 Heard learned counsel for the parties.

By order dated 31.01.2018 passed in S.A.No.488 of 1990, the Lawazima Board had allowed four weeks time to the appellants to file petition regarding attainment of majority by respondent Nos.3 to 7 and 12 to 18. The said order was not complied. Thereafter, by order dated 31.07.2018, one month peremptory time was allowed by the Bench. The said peremptory order was not complied. Hence, the second appeal stood dismissed for non-compliance of peremptory order.

Submission is that the said petition has already been filed in the second appeal.

Hence, for substantial justice, the dismissal be set aside and second appeal be restored.

Finding substance in the submission aforesaid, let the dismissal of second appeal be set aside and the same be

Patna High Court MJC No.4279 of 2018 (2) dt.31-10-2018 2/2 restored to its original file.

Accordingly, this application stands allowed. (Birendra Kumar, J) Nitesh/- U