This order allowed the restoration of First Appeal No. 258 of 2013 against dismissal due to a nominal deficit court fee payment made after the peremptory deadline.
First Appeal No. 258 of 2013 is directed to be restored to its original file.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.4314 of 2014
In
First Appeal No. 258 of 2013
====================================================== The State of Bihar through Collector Nawada .... .... Petitioner/s Versus Om Prakash, Son of Late Mohan Prasad, Resident of Village-Hardia, Sector-C, Post Office and Police Station-Rajauli, District-Nawada. .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Neeraj Kumar, AC to SC-22 For the Respondent/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 3 29-04-2015 The present application has been filed for restoration of First Appeal No.258 of 2013, which stood dismissed on account of non-compliance of the Court’s peremptory order dated 10.04.2014. Learned counsel appearing on behalf of the petitioner submits that the Deficit Court Fee of Rs.7, 240/- was required to be filed by the appellant of the aforesaid First Appeal No.258 of 2013, out of which, Deficit Court Fee of Rs.7, 239/- was paid and therefore, further Deficit Court Fee of Rs.1/- only was required to be filed, which could be filed on 10.10.2014 after expiry of peremptory time granted by the aforesaid order dated 10.04.2014. After having heard the learned counsel appearing on behalf of the petitioner and for the reasons disclosed in the present MJC application, the prayer for restoration is allowed. First Appeal No.258 of 2013 is directed to be restored to its original file.
The present MJC application stands finally disposed of.
Arvind/- (Birendra Prasad Verma, J) U
The State of Bihar through Collector Nawada
Om Prakash
Birendra Prasad Verma
As recorded by the court registry
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