Charitar Raut @ Ram Charitra Raut And ORS v. Raghunath Raut And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2564 of 2015 In First Appeal No. 761 of 1980 ====================================================== Charitar Raut @ Ram Charitra Raut & Ors .... .... Petitioner/s

Versus

Raghunath Raut & Ors .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Binod Kumar Mishra For the Respondent/s : Mr. N. A. Shamsi (A.S.G.) ====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 09-10-2015 Heard the learned counsel, Mr. Suman Kumar, for the petitioner.

The learned counsel for the petitioner submitted that no notice was received by the appellant and, therefore, they had no knowledge about the date of hearing of the appeal. It appears that direct notice was issued to the appellant for engaging another Advocate as the counsel who was appearing on their behalf became the Judge of the Supreme Court and had retired also.

In view of the submission that no notice was received by the appellant, this MJC application is allowed and First Appeal No.761 of 1980 is restored to its original file. It is submitted that fresh Vakalatnama has already been filed in the First Appeal and, therefore, considering the age

Patna High Court MJC No.2564 of 2015 (3) dt.09-10-2015 2/2 of the First Appeal, the office shall list the First Appeal for hearing after Chhath holidays before appropriate Bench according to roster.

(Mungeshwar Sahoo, J) Sanjeev/- U