Ram Chandra Prasad And ORS v. Smt. Malti Devi And ORS

Patna High Court MJC No.1526 of 2018 (3) dt.10-07-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1526 of 2018 In First Appeal No. 698 of 1986 ====================================================== Ram Chandra Prasad & Ors ... .... Petitioner/s

Versus

Smt. Malti Devi & Ors .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shakti Suman Kumar For the Respondent/s : Mr. Sri Niwas Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 10-07-2018 Heard learned counsel for the petitioners.

As per order dated 13.05.2016 the respondent nos.2(c), 2(d) and 2(e) were declared major and the appellants were directed to file requisites of appeal notice on the said respondents within one week after summer vacation. On account of non-compliance of the said peremptory order, this appeal stood dismissed. The submission on behalf of the petitioner is that the petitioners had no knowledge about the said order. The appellants could know about the said order only when the case was listed. It has been submitted that the appellants have already filed appeal notice against the said respondents.

Considering the grounds taken by the petitioner in the MJC application, the F.A.No.698 of 1986 with respect to respondent nos.2(c), 2(d) and 2(e) is restored to its original file. Office to proceed accordingly.

B.Kr./- (Sanjay Kumar, J) U