Susheela Devi And ORS v. Brajnandan Roy And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1611 of 2018 In Miscellaneous Jurisdiction Case No.1519 of 2016 ====================================================== Susheela Devi & Ors ... ... Petitioner/s

Versus

Brajnandan Roy & Ors ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Sri Shiv Nandan Singh, Advocate Sri Ashok Kumar, Advocate For the Opposite Party/s :

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 08-08-2018 Heard Sri Shiv Nandan Singh, learned counsel, assisted by Sri Ashok Kumar, learned counsel for the petitioners.

The present petition has been filed with a prayer to restore a restoration petition i.e. M.J.C. No. 1519 of 2016, which stood dismissed in the month of February, 2017 due to non -compliance of peremptory order. The earlier restoration petition was filed for restoring a Second Appeal which was filed in the year 2009 (i.e. S.A. No. 357 of 2009 ) and till 2016 the Appeal was even not admitted. Meaning thereby, that question of law was not at all formulated. Moreover, at the moment, the ground which has been set forth in the petition for restoring the

Patna High Court MJC No.1611 of 2018(2) dt.08-08-2018 2/2 restoration petition is not sufficient to persuade the court to allow the restoration petition.

The restoration petition stands dismissed.

(Rakesh Kumar, J) praful/- U T