COURT OF JUDICATURE AT PATNA Miscellaneous…
The application for restoration of Second Appeal No.436 of 2011 is dismissed as not maintainable, with liberty to file fresh steps.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.170 of 2015
In
Second Appeal No.436 of 2011
======================================================
... ... Petitioner/s
Versus
... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Pravin Kumar Sinha For the Respondent/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER
During the pendency of MJC No. 6439 of 2013, this
3 09-10-2018
Patna High Court MJC No.170 of 2015(3) dt.09-10-2018 2/2
application for restoration of S.A.No. 436 of 2011 has been filed. There is objection by the Registry that the second appeal is not maintainable. The objection of the Registry deserves to be sustained.
Explaining the reason why the second restoration application was filed, learned counsel for the petitioners states that it was out of inadvertence since the file was handed over to him, after obtaining ‘no objection certificate’ from another counsel on 08.01.2015. Learned counsel for the petitioner did not have the idea of filing of the restoration application, before he filed the second restoration application on 16.01.2015. Mistake on the part of the learned counsel and even the petitioners, though appears to be out of inadvertence and bonafide , this application cannot be maintained.
This application is accordingly dismissed as being not maintainable with a liberty to the learned counsel for the petitioners to take fresh steps for restoration of S.A. No. 436 of 2011.
(Chakradhari Sharan Singh, J)
HR/-
U
1 issue framed by the court
Whether the second restoration application for Second Appeal No.436 of 2011 is maintainable before this Court?
Raghunandan Mandal
Sikandar Mandal
Subhash Mandal
Most. Yogmaya Devi
Sachidanand Singh
Arun Kumar Singh
Chakradhari Sharan Singh
As recorded by the court registry
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