Patna High CourtMJC/3881/2024allowed

Satyadeo Narayan Singh v. Sheo Narayan Sah @ Narain Sah

2025-07-04Mr. Justice Khatim Reza2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.3881 of 2024 In FIRST APPEAL No.438 of 1979 ====================================================== Satyadeo Narayan Singh, Gender- Male, aged about 65 years, son of Late Lakshmi Narayan Singh, resident of Village- Ekma, P.S.- Ekma, DistrictSaran. ... ... Petitioner/s

Versus

Sheo Narayan Sah @ Narain Sah, son of Khapsi Sah, resident of VillageKhutkarhwa at present Village- Ekma, P.S.- Ekma, District- Saran. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arun Kumar Prasad, Advocate For the Opposite Party/s :

====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 04-07-2025 Interlocutory Application No.01 of 2025 This interlocutory application has been filed for condoning the delay of one years two months and twenty three days in filing the present application.

2. For the reasons stated in the petition, the delay in filing the application is condoned.

3. Interlocutory Application No.01 of 2025 stands allowed.

MJC No. 3881 of 2024

4. This application has been filed for restoration of First Appeal No.438 of 1979 which was dismissed for nonprosecution on 04.07.2023.

5. Learned counsel for the petitioner submits that due

Patna High Court MJC No.3881 of 2024(5) dt.04-07-2025 2/2 to his prolonged illness, he could not attend the Court and thus, could not appear on 04.07.2023, due to which First Appeal No.438 of 1979 was dismissed for non-prosecution.

6. For the reasons stated in the petition, this application is allowed and First Appeal No.438 of 1979 is restored to its original number and file.

7. The record indicates that in the order dated 05.03.2025, 'Order No. 70' has been typed in place of 'Order No.04'.

8. Let the order number of the order dated 05.03.2025, be read as "Order No.04", in place of 'Order No.70'.

9. Order number of the order 05.03.2025 stands modified to the aforesaid extent.

(Khatim Reza, J) J. Alam/- U