This miscellaneous jurisdiction case allowed the restoration of Second Appeal No. 404 of 2016, which had been dismissed for non-compliance regarding the submission of an authenticated certified copy of the judgment and decree.
Allowance of MJC; Restoration of Second Appeal No. 404 of 2016 to its original file.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.2273 of 2017
In
Second Appeal No.404 of 2016
====================================================== Ramlal Singh
... ... Petitioner/s
Versus
Bihar Sarkar Through Collector, Bhojpur Ara & Ors
... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Manoj Kumar For the Respondent/s : Mr. ======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER
3 03-01-2019
Heard the learned counsel for the petitioner and the learned AC to AAG 12.
This MJC is filed for restoration of Second Appeal No. 404 of 2016, which was dismissed for non compliance of peremptory order dated 04.07.2017.
The learned counsel for the petitioner submits that vide order dated 04.07.2017 three weeks peremptory time was allowed to remove the defects, as pointed out by the stamp reporter. The defects were removed but due to inadvertence certified copy of the judgement and decree with authentication fee cold not be filed resulting in dismissal of the Second Appeal. Later on the authentication fee was also filed.
Taking into consideration the facts aforesaid, this MJC is allowed and Second Appeal No. 404 of 2016 is restored to its
Patna High Court MJC No.2273 of 2017(3) dt.03-01-2019 2/2
original file.
(Prabhat Kumar Jha, J)
BKS/-
U
Ramlal Singh
Bihar Sarkar Through Collector, Bhojpur Ara & Ors
Prabhat Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
