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Patna High CourtMJC/1080/2018allowed

Ekbal Miayan v. Bageshwari Mishra

2019-02-11Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1080 of 2018 ====================================================== Ekbal Miayan ... ... Petitioner/s

Versus

Bageshwari Mishra and Ors ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Jitendra Kumar For the Opposite Party/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 11-02-2019 MJC 1080 of 2018 The instant application has been filed for restoration of First Appeal No. 479 of 2000 which was dismissed in default by order dated 4.10.2017 passed in the aforesaid First Appeal along with Interlocutory Application No. 7720 of 2018 for condoning the delay in filing instant restoration application filed to restore First Appeal No. 479 of 2000.

The delay in filing MJC No. 1080 of 2018 has already been condoned by order No. 3 dated 22.11.2018. For the reasons mentioned in the instant restoration application, the First Appeal No. 479 of 2000 is restored to its original file and number.

First Appeal No. 479 of 2000 The First Appeal will be heard.

Issue appeal notices to the respondents in First Appeal for which requisites under ordinary process as well as registered

Patna High Court MJC No.1080 of 2018(4) dt.11-02-2019 2/2 cover with A/D. must be filed with three weeks, failing which, the First Appeal shall stand dismissed without further reference to the Bench.

This order be read for First Appeal No. 479 of 2000 also and the instant record be tagged with aforesaid First Appeal.

S.Ali/- (Sanjay Priya, J) U