Ali Akbar Ansari v. Kishlay Pratap Rai And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2488 of 2018 In Miscellaneous Appeal No.391 of 2014 ====================================================== Ali Akbar Ansari ... ... Petitioner/s

Versus

Kishlay Pratap Rai & Anr ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Umesh Kumar Mishra For the Respondent/s :

====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 08-08-2018 This M.J.C. petition has been filed for re-admission of M.A. no. 391 of 2014 to its original number with the case that in the aforesaid Miscellaneous Appeal, stamp duty of Rs. 40/- was required to be deposited by the appellant, but due to inadvertence of his advocate clerk's, the said could not be deposited within the stipulated period rather on 06.07.2018 and due to not depositing of aforesaid stamp duty within stipulated period, the said appeal was dismissed in default. There has not been any laches on the part of the appellant in aforesaid dismissal of appeal.

Considering the facts and circumstances, the aforesaid Miscellaneous Appeal is re-admitted to its original number and

Patna High Court MJC No.2488 of 2018(3) dt.08-08-2018 2/2 accordingly, this petition stands allowed. The aforesaid stamp duty filed by the appellant is accepted.

(Prakash Chandra Jaiswal, J) rohit/- U