Jyotish Sah v. Birendra Sah And ORS.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.4131 of 2013 In SA 114 of 2009 ====================================================== Jyotish Sah .... .... Petitioner

Versus

Birendra Sah & Ors.

.... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Akshay Lal Pandit, Advocate For Opps.1, 2 and 3 : M/s. Chandra Kant and Subhash Patel, Advocates ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 22-07-2015 I.A. No. 6767 of 2013 This application has been filed for condoning the delay in filing the present application for restoration of S.A. No.144 of 2009.

Mr. Chandra Kant, learned counsel appears for opposite party nos.1, 2 and 3. However, there is no counter affidavit opposing the prayer for condoning the delay.

In view of the grounds taken in the Interlocutory Application, the same is allowed and the delay in filing the present application is condoned.

M.J.C. No.4131 of 2013 This application has been filed for restoration of S.A. No.144 of 2009 which stood dismissed on 06.09.2010 for want of prosecution.

Patna High Court MJC No.4131 of 2013 (10) dt.22-07-2015 2/2 I have heard learned counsel for the petitioner as well as the opposite party nos.1, 2 and 3.

In view of the statement made in this application explaining the omission on part of the petitioner, the same is allowed and S.A. no.144 of 2009 is restored to its original file. (Dr. Ravi Ranjan, J) N.H./- U