Appearing under its own jurisdiction, the High Court of Patna allowed a petition to restore a miscellaneous case regarding the transfer of a matrimonial suit that had been dismissed due to non-prosecution.
M.J.C. No. 1041 of 2015 restored to its original file.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No. 636 of 2017
In
Miscellaneous Jurisdiction Case No. 1041 of 2015
======================================================
Smt. Pragati Raj
... ... Petitioner/s
Versus
Shishir Kumar
... ... Opp. party/s
====================================================== Appearance : For the Petitioner/s : Mr. Vivek Kumar Singh For the Opp. Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER
The present petition has been filed with a prayer to restore M.J.C. No. 1041 of 2015, which was filed under Section 24 of the Code of Civil Procedure, 1908 for transfer of matrimonial case. However, since there was non-appearance, the petition stood dismissed due to non-prosecution.
After hearing learned counsel for the petitioner and considering the facts & circumstances, the restoration petition is allowed.
Let M.J.C. No. 1041 of 2015 be restored to its original
file.
(Rakesh Kumar, J.)
anay
U T
1 issue framed by the court
Whether a restoration petition filed under Section 24 of the Code of Civil Procedure for transfer of a matrimonial case should be allowed after dismissal due to non-prosecution?
Smt. Pragati Raj
Shishir Kumar
Rakesh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
