In misc. juris. proceedings, this court allowed the petition for restoration of a previously dismissed second appeal based on the petitioner's explanation for non-compliance with prior orders, subject to payment of court costs.
Restoration of S.A. No. 29 of 2014, subject to payment of Rs. 1,000/- costs to the respondent within two weeks.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.786 of 2016 In
SA 29 of 2014
====================================================== 1. Gopal Rai son of Late Theghu Rai 2. Chandra Dhan Rai son of Gopal Rai
.... .... Petitioner/s
Versus
.... .... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr. Ashok Kumar Mishra For the Respondent/s : Mr. Nand Kishore Prasad
====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER
3 29-06-2016 Heard the counsel for the petitioners and the opposite parties.
The application seeks restoration of S.A. No. 29 of 2014, which was dismissed for non-compliance of the premptory order dated 11.12.2014, the circumstances under which the order could not be complied with have been explained in the petition.
It is stated that the then lawyer conducting the case, after dismissal of the second appeal, filed Interlocutory Application for restoration on 21.05.2015 (Annexure-2). The
Patna High Court MJC No.786 of 2016 (3) dt.29-06-2016
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appellant consulted him, whereafter the Restoration Petition was filed.
The counsel for the opposite parties have, however, resisting the application stated that under willful design, the appeal was allowed to be dismissed.
Considering the facts and circumstances of the case, I am persuaded to allow the application subject to payment of cost of a sum of Rs. 1,000/- to the contesting respondent(s) of the second appeal or their counsel and filing receipt thereof within two weeks.
(Kishore Kumar Mandal, J)
rohit/-
U
1 issue framed by the court
Whether the application for restoration of the dismissed second appeal should be allowed despite non-compliance with the previous peremptory order.
Gopal Rai
Chandra Dhan Rai
Indra Jeet Rai
Paras Rai
Ram Ishwar Rai
Jageshwar Rai
Kishore Kumar Mandal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
