Patna High CourtMJC/827/2016allowed

Nawal Kishore Kuwar v. Surendra Kumar @ Babu Nand Kuer And ORS

2022-08-26Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.827 of 2016 In FIRST APPEAL No.176 of 1979 ====================================================== Nawal Kishore Kuwar ... ... Petitioner/s

Versus

Surendra Kumar @ Babu Nand Kuer and Ors ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ravindra Kr Sinha No.2 For the Opposite Party/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 26-08-2022 I.A. No. 1922 of 2016 The present interlocutory application has been filed for condoning the delay in filing the present M.J.C. (Restoration) application.

For the reasons mentioned in the Interlocutory application, the limitation in filing the present M.J.C. (Restoration) application is condoned, subject to removal of defect, if any, within six weeks.

I.A. No. 12 of 2017 The present interlocutory application has been filed for substituting the name of the heir and legal representative of the opposite party No. 22 (Jado Lal Sah) who died on 15.02.2014.

For the reasons mentioned in the interlocutory

Patna High Court MJC No.827 of 2016(5) dt.26-08-2022 2/2 application, it is allowed.

Let the heirs and legal representatives of the opposite party No. 22 (Jado Lal Sah) be substituted in his place as mentioned in paragraph No. 6 of the interlocutory application and the name of the petitioner be expunged from the array of the petitioners.

M.J.C. 827 of 2016 Heard the parties.

This application has been filed for restoration of F.A. No. 176 of 1979 which was dismissed for non-prosecution on 07.02.2014.

For the reasons mentioned in the application, it is allowed and F.A. No. 176 of 1979 is restored to its original file. (Sandeep Kumar, J) Saif/- U