Prem Mohan Singh v. Dr. Madan Mohan Singh And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.286 of 2018 In First Appeal No.223 of 2002 ====================================================== Prem Mohan Singh ... ... Petitioner/s

Versus

Dr. Madan Mohan Singh & Ors ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Md. Waliur Rahman For the Respondent/s :

Mr. Navin Nikunj ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 02-05-2018 This Miscellaneous Jurisdiction Case has been filed for restoration of First Appeal No. 223 of 2002 which was dismissed for default on 05.01.2018. It is submitted that the mother of the counsel for the appellant suddenly fell uneasy and due to busy in her treatment, the counsel for the appellant could not informed his colleague and when the case was called out no body appears on 05.01.2018 and the appeal was dismissed for default. There is no deliberate and willful latches on the part of the appellant.

The learned counsel for the respondent is also present, he has got no objection in restoring the First Appeal accordingly, finding sufficient cause by which the learned counsel for the appellant was prevented from the appearing in the Court on call. Accordingly, this Miscellaneous Jurisdiction Case

Patna High Court MJC No.286 of 2018(3) dt.02-05-2018 2/2 stands allowed and First Appeal No. 223 of 2002 is restored to its original file and number.

(Jitendra Mohan Sharma, J.) Rajiv/- U