Petitioner filed a petition for restoration of a miscellaneous appeal dismissed for default due to non-compliance with a peremptory order regarding notice issuance. The bench accepted genuine reasons for the delay and allowed the restoration of the appeal to its original file.
Petition allowed; M. A. No. 898 of 2010 restored to its original file and number.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.3353 of 2012 In Miscellaneous Appeal No. 898 of 2010
====================================================== Naresh Bin S/O Musafir Bin R/O Piparahiya, Police Station - Barauli, District - Gopalganj
.... .... Petitioner/s Versus Suganti Devi W/O Naresh Bind R/O Piparahiya, Police Station - Barauli, District - Gopalganj, At Present Daughter Of Madan Bin, Resident Of Village - Baliya, P.S. Maharajganj, District - Siwan .... .... Opp. Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Raghav Prasad, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE S.N. HUSSAIN and
HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE S.N. HUSSAIN)
This petition has been filed by the petitioner for restoration of M. A. No. 898 of 2010 which was dismissed for default due to non-compliance of peremptory order dated 10.01.2012 by which one week peremptory time was granted to file requisites for issuance of notice in the limitation matter as well as in the appeal.
Learned counsel for the petitioner submits that part of the said order was complied within time whereas the remaining
Patna High Court MJC No.3353 of 2012 (5) dt.09-07-2013
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part of the said order was subsequently complied by him before 13.07.2012.
From the arguments made by learned counsel for the petitioner and the averments made in this petition, it appears that genuine reasons have been shown which prevented the petitioner to fully comply the said order within time. Accordingly, this petition is allowed and M. A. No. 898 of 2010 is restored to its original file and number.
(S.N. Hussain, J)
(Ahsanuddin Amanullah, J)
Anjani/-
3 issues framed by the court
Whether the petition for restoration of miscellaneous appeal can be allowed on the ground of genuine reasons for non-compliance of peremptory order.
Whether the miscellaneous appeal dismissed for default can be restored to its original file and number.
Whether the delay in complying with the procedural order warrants restoration of the appeal.
Naresh Bin S/O Musafir Bin
Suganti Devi W/O Naresh Bind
S.N. Hussain
Ahsanuddin Amanullah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
