Restoration application allowed. The second appeal No. 376 of 2011, dismissed for default due to non-appearance, is restored to its original file as the petitioner was prevented by sufficient cause.
Miscellaneous Jurisdiction Case No. 3705 of 2012 allowed; second appeal No. 376 of 2011 restored to original file.
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Patna High Court MJC No.3705 of 2012 (3) dt.23-01-2013
IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.3705 of 2012
====================================================== Kapildeo Mahto & Ors .... .... Petitioner/s Versus Bharat Singh & Ors .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Shailendra Kumar Bhartee For the Respondent/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 3 23-01-2013 Heard the learned counsel for the petitioners. This restoration application has been filed by the petitioner praying for restoration of second appeal No.376 of 2011 which was dismissed for default on 26.7.2012 when nobody appeared on calling of the second appeal for hearing under Order 41 Rule 11 C.P.C.
In the facts and circumstances of the case and the submission made by the learned counsel for the petitioner, I am satisfied that the petitioners were prevented by sufficient cause from not appearing before the Court when the second appeal was called on for hearing under Order 41 Rule 11 C.P.C. Accordingly, this MJC application is allowed and the second appeal No. 376 of 2011 is restored to its original file.
(Mungeshwar Sahoo, J)
S.S./-
1 issue framed by the court
Whether the petitioner was prevented by sufficient cause from appearing before the Court when the second appeal was called for hearing leading to its dismissal for default.
1 provisions across 1 enactments
Kapildeo Mahto & Ors
Bharat Singh & Ors
Mungeshwar Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
