Moti Bind v. Fagu Bind And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.65 of 2016 In Civil Writ Jurisdiction Case No. 12167 of 2012 ====================================================== Moti Bind, son of Late Ram Bind, resident of village- Mobarakganj, Old Ward No.4, New Ward No.16, P.O. + P.S.- Sasaram, District- Rohtas. .... .... Petitioner.
Versus
1. Fagu Bind, son of Akshaibar Ram.
2. Hira Bind, son of Fagu Bind.
3. Kapil Bind, son of Fagu Bind.
All are resident of Mohalla- Mobarakganj, Old Ward No.4, New Ward No. 16, P.O + P.S.- Sasasram, District- Rohtas. .... .... Opposite Parties.
====================================================== Appearance :
For the Petitioner : Mr.
For the Opposite Parties : Mr.
====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ------------- 20-09-2017 Heard.
This application has been filed on behalf of the petitioner for restoration of C.W.J.C. No.12167 of 2012, which stood dismissed for default due to non compliance of the Court's peremptory order dated 17.10.2014 to file requisites etc. for sending the notice to the opposite parties under registered cover with A/D as well as ordinary process within two weeks after Puja Holidays.
Learned counsel for the petitioner submits that due to mistake, the order dated 17.10.2014 passed in C.W.J.C. No.12167
Patna High Court MJC No.65 of 2016 (2) dt.20-09-2017 2/2 of 2012 by this Court could not be complied with within time but, now, the requisites etc., as required for sending the notice to the opposite parties, in compliance of the aforesaid order dated 17.10.2014 passed in C.W.J.C. No.12167 of 2012 by this Court, have already been filed in the office of the Registry. In view of the submission of the learned counsel for the petitioner, this application is allowed and C.W.J.C. No.12167 of 2012 is restored to its original file and number. The office is directed to issue notice to the opposite parties in the light of the order dated 17.10.2014 passed in C.W.J.C. No.12167 of 2012 by this Court.
(Rajendra Kumar Mishra, J) P.S./- U