Birendra Kumar v. Surya Nath Baidh And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2986 of 2015 In MA 286 of 2012 ====================================================== Birendra Kumar .... .... Petitioner/s

Versus

Surya Nath Baidh & Anr .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ravindra Kumar Sinha For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 13-01-2016 Heard Sri Ravindra Kumar Sinha, learned counsel for the petitioner.

The present petition has been filed with a prayer to restore M.A. No.286/2012, which stood dismissed due to noncompliance of peremptory order dated 14.09.2012. By the said order, while summoning lower court record, this Court had directed for issuance of notice to Respondents, which was to be issued through ordinary post as well as registered cover, for which requisites were directed to be filed within peremptory time, which was not filed within time.

Learned counsel for the petitioner submits that due to bona fide mistake, earlier order was not complied with, but subsequently notices were filed at belated stage. In view of facts and circumstances, restoration petition

Patna High Court MJC No.2986 of 2015 (2) dt.13-01-2016 2/2 is allowed. Let M.A. No.286 of 2012 be restored to its original file with condition that the petitioner may file requisites in compliance with the order dated 14.09.2012 within a period of four weeks from today, failing which M.A. No.286 of 2012 shall stand dismissed without further reference to a Bench. (Rakesh Kumar, J) NKS/- U