The High Court of Patna allowed an application for restoration of second appeal No. 227 of 1995, finding the petitioner was prevented by sufficient cause from appearing when the appeal was called for hearing on default.
Restoration of second appeal No. 227 of 1995 to its original file.
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Patna High Court MJC No.5040 of 2012 (3) dt.05-02-2013
IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.5040 of 2012
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Prodyat @ Pradut Kr. Bose
.... .... Petitioner/s
Versus
Sati Guha & Ors.
.... .... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dipak Kumar
For the Respondent/s : Mr.
======================================================
CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR
SAHOO
ORAL ORDER
3 05-02-2013 Heard the learned counsel for the petitioners.
This application has been filed for restoration of second
appeal No.227 of 1995 which was dismissed for default on
19.9.2012.
In view of the facts and circumstances of the case and the
submission of 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. Accordingly, this restoration application is allowed
and the second appeal No.227 of 1995 is restored to its original
file.
(Mungeshwar Sahoo, J)
Sanjeev/-
Prodyat @ Pradut Kr. Bose
Sati Guha & Ors.
Mungeshwar Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
