IN THE HIGH COURT OF JUDICATURE AT PATNA
MJC No.2196 of 2011
Masjid Of Village Karji Through Its Mutwali Bechan Miya
Versus
Dular Halwai & Ors
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02/ 20.07.2011 Heard learned counsel for the petitioner.
This petition has been filed for restoration of
S.A. No.03 of 2009 which was dismissed for default due to
non-compliance of peremptory order of this court dated
05.11.2009 by which two weeks time was allowed to the
appellant to remove defect nos.1, 5, 6 and 7 of stamp report
dated 07.03.2009.
Learned counsel for the petitioner submits that all
the defects except defect no.1 have already been removed by
the appellant-petitioner within the prescribed time.
Considering the averments made by learned
counsel for the petitioner as well as the statements made in the
petition, it appears that genuine reasons have been shown due
to which defect no.1 of stamp report dated 07.03.2009 could
not be removed. Accordingly, this petition is allowed and
S.A. No.03 of 2009 is restored to its original file and number.
However, this order will be subject to removal of defect no.1
of stamp report dated 07.03.2009 within one week.
Harish (S.N. Hussain, J.)