Oral order allowing the restoration of a second appeal to its original file due to want of prosecution, caused by the appellant's poor and illiterate status and absence of counsel on the date of hearing.
The restoration petition is allowed, and the second appeal is restored to its original file.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.3513 of 2018
In
SECOND APPEAL No.252 of 2007
======================================================
Versus
| 8. Ramawati Devi W/o baban Singh D/o Late Bhagwat Singh Vill.- Machauti, P.s.- Daraunda, Distt.- Siwan ... ... Opposite Party/s ====================================================== |
|---|
| Appearance : |
| For the Petitioner/s : Mr .Ashok Kumar Garg, Advocate |
| For the Opposite Party/s : Mr. Dhramveer, Advocate ====================================================== |
| CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR |
Patna High Court MJC No.3513 of 2018(7) dt.13-08-2026 2/2
ORAL ORDER
7 13-08-2026
Heard learned counsel for the petitioner and learned
counsel for the respondent / opposite parties.
statement made in paragraph 4 of the restoration petition, submits that on the date fixed for consideration of the second appeal, i.e., 06.04.2010, the learned counsel entrusted to conduct the case could not ensure his presence, and for want of prosecution, the second appeal was dismissed.
(Ajit Kumar, J)
sharun/-
U
1 issue framed by the court
Whether the second appeal dismissed for want of prosecution should be restored.
Chandrama Sharma and others
Ramrekha Devi and others
Ajit Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
