Allowed

Muneshwar Safi @ Munia Safi v. Nagendra Pandey and Ors.

Patna HC23 Jan 2013MJC/3844/2012

Case brief

AI extract

What is this about?

In this miscellaneous application, the Patna High Court was satisfied that the petitioner was prevented by sufficient cause from appearing for the hearing of Second Appeal No. 187 of 2010 dismissed for default. The application for restoration of the appeal was allowed.

What did the court decide?

The application is allowed and Second Appeal No. 187 of 2010 is restored to its original file.

Muneshwar Safi @ Munia Safi Vs Nagendra Pandey… — Civil Procedure and Limitation | Patna HC (2013)

¶1

Patna High Court MJC No.3844 of 2012 (3) dt.23-01-2013

¶2

IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.3844 of 2012

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====================================================== Muneshwar Safi @ Munia Safi .... .... Petitioner/s Versus Nagendra Pandey & Ors. .... .... Respondent/s ======================================================
Appearance : For the Petitioner/s : Mr. Prem Sheela Pandey For the Respondent/s : Mr.
====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 3 23-01-2013 Heard the learned counsel for the parties.
This restoration application has been filed by the
petitioner praying for restoration of second appeal No.187 of 2010
which was dismissed for default on 4.7.2012 when nobody
appeared on calling of the second appeal for hearing under Order
41 Rule 11 C.P.C.

¶4

In the facts and circumstances of the case and the submission made by the learned counsel for the petitioner, I am satisfied that the petitioner was 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. 187 of 2010 is restored to its original file.

¶5

(Mungeshwar Sahoo, J)

¶6

S.S./-

Muneshwar Safi @ Munia Safi v. Nagendra Pandey and Ors.

Case brief

What is this about?

What did the court decide?

Muneshwar Safi @ Munia Safi v. Nagendra Pandey and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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