Dilip Rai And ORS v. Smt. Satbatia Devi And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.3389 of 2017 In Miscellaneous Jurisdiction Case No.1612 of 2011 In Second Appeal No. 129 of 1988 ====================================================== Dilip Rai and Ors ... ... Petitioners

Versus

Smt. Satbatia Devi and Ors ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner :

Mr. Bijay Kumar Pandey, Advocate For the Opposite Party :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 02-12-2022 Ref:- M.J.C. No. 3389 of 2017 This application has been filed for restoration of M.J.C. No.1612 of 2011, which was dismissed for noncompliance of peremptory order dated 16.05.2012. For the reasons mentioned in this application, it is allowed. Accordingly, M.J.C. No. 1612 of 2011 is restored to its original file.

Ref:- Interlocutory Application No. 9228 of 2017 This Interlocutory Application has been filed for condoning the delay of five years and five months in filing M.J.C. No. 1612 of 2011.

This Court is satisfied with the explanation for delay in filing M.J.C. No.1612 of 2011. Accordingly, this

Patna High Court MJC No.3389 of 2017(3) dt.02-12-2022 2/2 Interlocutory Application is allowed and the delay in filing M.J.C. No. 1612 of 2011 is condoned.

Ref:- M.J.C. No.1612 of 2011 This application has been filed for restoration of Second Appeal No.129 of 1988, which was dismissed for incompetence vide order dated 06.10.2009.

For the reasons mentioned in this application, it is allowed. Accordingly, Second Appeal No.129 of 1988 is restored to its original file.

(Sandeep Kumar, J) pawan/- U