Ashok Kumar And ORS. v. Suresh Prasad Gupta And ORS.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Second Appeal No.407 of 2012 ====================================================== Ashok Kumar & Ors.

.... .... Appellant/s

Versus

Suresh Prasad Gupta & Ors.

.... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Purushottam Kumar Jha For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE V. NATH ORAL ORDER 22-03-2017 Heard learned Counsel for the appellants and the learned Counsel for the respondents.

Perused the office note, from which it appears that after dismissal of the Interlocutory Application (I.A. No. 6201 of 2012) filed for condonation of delay in filing this appeal, the modification petition MJC No. 1630 of 2014 for modification of the order dated 5.3.2014 dismissing the limitation petition, was also dismissed. Thereafter again the Interlocutory Application (I.A. No. 5210 of 2014) for modification of the same order dated 5.3.2014 has also been dismissed as not pressed.

The office has further pointed out some typographical mistakes in the order dated 5.3.2014 and also the order dated 11.1.2017, where "I.A. No. 620 of 2012" has been typed in place of "I.A. No. 6201 of 2012" and further "I.A. No. 4210 of 2014" has been typed in place of "I.A. No. 5210 of 2014". As the same appears to be typing mistake the orders dated 5.3.2014 and 11.1.2017 are modified to the extent that in place of "I.A. No. 620 of 2012" it shall be read as "I.A. No. 6201 of 2012" and in place of "I.A. No. 4210 of

Patna High Court SA No.407 of 2012 (20) dt.22-03-2017 2014" it shall be read as "I.A. No. 5210 of 2014". After dismissal of the limitation petition (I.A. No. 6201 of 2012) and the subsequent rejection of the prayer for modification of the said order, this appeal is barred by limitation and is dismissed as such.

(V. Nath, J.) Snkumar/- U