Restoration application for First Appeal No. 93 of 1996 allowed. Court found sufficient cause for non-compliance with peremptory order. Appeal restored against respondent No. 2(a).
First Appeal No. 93 of 1996 restored as against respondent No. 2(a). Notice to issue if steps taken.
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Patna High Court MJC No.3056 of 2012 (4) dt.22-01-2013
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.3056 of 2012
| ====================================================== Lal Bahadur Rai & Ors .... .... Petitioner/s Versus Girja Rai & Ors .... .... Respondent/s ====================================================== |
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|---|---|
| Appearance : For the Petitioner/s : Mr. Ras Bihari Thakur For the Respondent/s : Mr. Amrendra Narayan Rai ====================================================== |
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| 4 | CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 22-01-2013 Heard the learned counsel for the petitioners. |
| This restoration application has been filed for | |
| restoration of First Appeal No. 93 of 1996 as against the respondent | |
| No.2(a) which has been dismissed for default for non-compliance of | |
| the peremptory order dated 19.4.2012. |
In view of the submission of the learned counsel for the petitioners, I am satisfied that the petitioners were prevented by sufficient cause from not complying the peremptory order within the period granted. Accordingly, this restoration application is allowed and this first appeal no. 93 of 1996 is restored as against the respondent No.2(a).
The learned counsel for the petitioner submitted that he has already taken the steps as directed in the peremptory order. If the steps have already been taken the office shall issue notice to the respondent No.2(a).
S.S./- (Mungeshwar Sahoo, J)
1 issue framed by the court
Whether the petitioners are entitled to restoration of the first appeal after default?
Lal Bahadur Rai & Ors
Girja Rai & Ors
MUNGESHWAR SAHOO
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
