Allowed

Asarfi Roy and Ors. v. Sheo Kumar Rai

Patna HC12 Dec 2012MJC/763/2012

Case brief

AI extract

What is this about?

Hon’ble Justice Mungeshwar Sahoo, Patna High Court, allowed an application to restore a First Appeal dismissed against specific respondents for non-compliance. The court directed compliance with the peremptory order within one week after holidays.

What did the court decide?

First Appeal restored against respondents 4 and 6; appellant must comply with peremptory order within one week after holidays.

Asarfi Roy and Ors. Vs Sheo Kumar Rai — Civil Procedure and Limitation | Patna HC (2012)

¶1

Patna High Court MJC No.763 of 2012 (5) dt.12-12-2012 1

¶2

IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.763 of 2012

¶3

	====================================================== Asarfi Roy & Ors. .... .... Petitioner/s Versus Sheo Kumar Rai .... .... Respondent/s ======================================================
	Appearance : For the Petitioner/s : Mr. Ashok Kumar For the Respondent/s : Mr.
	====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER
5	12-12-2012 Heard the learned counsel for the petitioners.
	This application for restoration has been filed by the
	petitioners for restoration of First Appeal No.735 of 1989 which
	has been dismissed against only the respondent nos.4 and 6 for non compliance of the peremptory order passed in the First
	Appeal.

¶4

The learned counsel for the petitioners submitted that because of mistake, the peremptory order directing the appellant to take steps for appeal notice could not be complied with within the period. The learned counsel further submitted that within the period that may be granted, the appellant shall file the necessary requisites for issuance of appeal notice.

¶5

Considering the above facts that the appeal is still pending for final decision, the M.J.C. application is allowed and the First Appeal is restored against the respondent nos.4 and 6.

¶6

Patna High Court MJC No.763 of 2012 (5) dt.12-12-2012 2

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The appellant shall comply the peremptory order for noncompliance of which the appeal had been dismissed against the respondent nos.4 and 6 within one week after X-mas Holidays.

¶8

(Mungeshwar Sahoo, J)

¶9

Saurabh/-

Asarfi Roy and Ors. v. Sheo Kumar Rai

Case brief

What is this about?

What did the court decide?

Asarfi Roy and Ors. v. Sheo Kumar Rai

Case brief

What is this about?

What did the court decide?

What the court decided

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