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Patna High CourtMJC/4438/2013allowed

Smt. Geeta Devi v. Sudarshan Ram @ Sudarshan Prasad

2015-06-23Justice Smt. Anjana Mishra,Mr. Justice Ramesh Kumar Datta1 pages

Patna High Court MJC No.4438 of 2013 (2) dt.23-06-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.4438 of 2013 In MA 738 of 2011 ====================================================== Smt. Geeta Devi .... .... Petitioner/s

Versus

Sudarshan Ram @ Sudarshan Prasad .... .... Respondent/s ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA and HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER (Per: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA) 23-06-2015 Heard learned counsel for the petitioner.

It is submitted by learned counsel for the petitioner that the miscellaneous appeal was dismissed due to non-compliance of the peremptory order dated 7.8.2013, as the requisites, etc. were not filed within the period of one week granted by the said order. It is further submitted by learned counsel that requisites, etc. were filed after a few days delay on 23.8.2013. On a consideration of the aforesaid facts and submissions, Misc. Appeal No.738 of 2011 is directed to be restored to its original file.

The restoration application is, accordingly, allowed. Office is directed to accept the requisites, etc. already filed and issue notices accordingly.

V.P.Sinha/- (Ramesh Kumar Datta, J) (Anjana Mishra, J) U