Chandrika Prasad @ Chunni Lal Prasad v. Rajendra Prasad And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.3801 of 2014 In SA 356 of 2012 ====================================================== Chandrika Prasad @ Chunni Lal Prasad son of late Jado Lal Prasad, resident of village-Sonwal Tola, P.S.-Paharpur, District-East Champaran (Motihari). .... .... Petitioner/s

Versus

1. Rajendra Prasad son of late Gorakh Prasad, resident of village-Radhiya,. P.S. Gobindganj, Dist-East Champaran.

2. Jhauri Kunwar @ Chandrawati Kunwar, wife of late Bishwanath Sao, resident of village-Phulwariya, P.S. Sugauli, P.O. Chhapwa, DistrictEast Champaran. .... .... Respondent/s ====================================================== Appearance :

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

====================================================== CORAM: HONOURABLE MR. JUSTICE V. NATH ORAL ORDER 21-06-2017 Heard Mr. Amarnath Singh, learned counsel for the petitioner in the present restoration application where the prayer has been made for restoration of I.A. No. 2186 of 2014 filed in S.A. No. 356 of 2012.

From the perusal of the materials on records, it appears that the S.A. No. 356 of 2012 had also been dismissed by order dated 22.07.2014 as barred by limitation. Manifestly, there is no prayer for recall of the said order passed in the said second appeal. In that view of the matter, the prayer for restoration of the interlocutory application (I.A. No. 2186 of 2014) as made in this restoration application is clearly misconceived.

Patna High Court MJC No.3801 of 2014 (6) dt.21-06-2017 This restoration application is, therefore, dismissed as misconceived.

However, the petitioner shall have the liberty to seek remedy available to him in accordance with law. (V. Nath, J) Devendra/- U