Ramlal Singh v. Bihar Sarkar Through Collector, Bhojpur Ara And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2273 of 2017 In Second Appeal No.404 of 2016 ====================================================== Ramlal Singh ... ... Petitioner/s

Versus

Bihar Sarkar Through Collector, Bhojpur Ara & Ors ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Manoj Kumar For the Respondent/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 03-01-2019 Heard the learned counsel for the petitioner and the learned AC to AAG 12.

This MJC is filed for restoration of Second Appeal No. 404 of 2016, which was dismissed for non compliance of peremptory order dated 04.07.2017.

The learned counsel for the petitioner submits that vide order dated 04.07.2017 three weeks peremptory time was allowed to remove the defects, as pointed out by the stamp reporter. The defects were removed but due to inadvertence certified copy of the judgement and decree with authentication fee cold not be filed resulting in dismissal of the Second Appeal. Later on the authentication fee was also filed. Taking into consideration the facts aforesaid, this MJC is allowed and Second Appeal No. 404 of 2016 is restored to its

Patna High Court MJC No.2273 of 2017(3) dt.03-01-2019 2/2 original file.

(Prabhat Kumar Jha, J) BKS/- U