Allowed MJC application for restoration of Second Appeal No.48 of 2011 dismissed for default. Appellant directed to file limitation application within one week.
Second Appeal No.48 of 2011 restored; appellant to file limitation application within one week. No other relief.
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Patna High Court MJC No.1296 of 2014 (3) dt.24-07-2014
IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.1296 of 2014 In
| SA 48 of 2011 ====================================================== Tetari Devi .... .... Petitioner/s Versus Most. Sanmukha Kuer & Ors. .... .... Respondent/s ====================================================== |
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| Appearance : For the Petitioner/s : Mr. Anand Kumar For the Respondent/s : Mr. ====================================================== |
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CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER |
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| 3 | 24-07-2014 Heard the learned counsel, Mr. Anand Kumar, on behalf of |
| the petitioner. | |
| This M.J.C. application has been filed by the petitioner for restoration of Second Appeal No.48 of 2011 which was dismissed for default of non-compliance of the order passed by this Court. In view of the submission of the learned counsel and the statement given in the M.J.C. application, I am satisfied that the petitioner was prevented by sufficient cause from not complying |
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| the order passed by this Court. Accordingly, this M.J.C. | |
| application is allowed. The second Appeal No.48 of 2011 is restored to its original file. The appellant must file the limitation |
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| application as directed in Second Appeal within one week from today. |
Sanjeev/- (Mungeshwar Sahoo, J) U
1 issue framed by the court
Whether the petitioner was prevented by sufficient cause from complying with the order and thus eligible for restoration of the second appeal?
Tetari Devi
Most. Sanmukha Kuer & Ors.
MUNGESHWAR SAHOO
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
