Maheshwar Sah and Ors. v. Dukha Sah
Case brief
What is this about?
This application allowed the restoration of S.A. No.264 of 2009, dismissing the procedural defect of a late-filename vakalatnama with an extension for compliance.
What did the court decide?
extension of one week for filing vakalatnama and restoration of SA No.264 of 2009 to original file
What the court decided
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.4914 of 2011 ====================================================== Maheshwar Sah & Ors .... .... Petitioners Versus Dukha Sah .... .... Opposite party ====================================================== Appearance : For the Petitioners : Mr. Sachchida Nand Choudhary, Advocate ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 4 02-01-2013 Heard learned counsel for the petitioners. This application has been filed for restoration of S.A. No.264 of 2009 which stood dismissed for part compliance of the order dated 19.07.2010 as vakalatnama on behalf of the appellant no.1(a), namely, Chaitu Sah could not be filed within time.
On being satisfied with the sufficiency of reasons mentioned in this application for omission on part of the petitioners, the date of compliance of order dated 19.07.2010 is extended for further one week and S.A. No. 264 of 2009 is
Patna High Court MJC No.4914 of 2011 (4) dt.02-01-2013
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restored to its original file and number subject to the condition that the concerned vakalatnama is filed within the extended period of one week.
one week.
Accordingly, this application stands allowed.
(Dr. Ravi Ranjan, J)
Parties & counsel
- petitioner
maheshwar sah & ors
- respondent
dukha sah
Coram
ravi ranjan
Case details
As recorded by the court registry
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