High Court Patna High Court - Orders

Manju Devi &Amp; Ors vs M/S Muzaffarpur Motor Transpor on 20 April, 2011

Patna High Court – Orders
Manju Devi &Amp; Ors vs M/S Muzaffarpur Motor Transpor on 20 April, 2011
                  IN THE HIGH COURT OF JUDICATURE AT PATNA
                                         MJC No.104 of 2006
                  1. MANJU DEVI Wife of Late Kamlesh Prasad Singh
                  2. Mukesh Kumar Singh Son of Late Kamlesh Prasad
                  Singh
                  3. Rakesh Prasad Singh Son of Late Kamlesh Prasad
                  Singh
                  - All the above are residents of Village Baruari, PS
                  Gaighat, District Muzaffarpur
                                    .... Appellants/Petitioners
                                            Versus
                  1. M/S MUZAFFARPUR MOTOR TRANSPORT cO-
                  OPERATIVE SOCIETY, Muzaffarpur, Mohallat
                  Imlichatti, PS Town, District Muzaffarpur (Owner)
                                    ....Respondent/Opposite Party
                  2. United India Insurance Company Limited through
                  Divisional Manager, Divisional Office, Akharaghat
                  Road, Muzaffarpur (Insurer)
                                    ....Respondent/Opposite Party
                                                -----------

04- 20/4/2011 Perused the order dated 10.1.2011, passed by the

Supreme Court in Civil Appeal no.674 of 2011. Let it be

kept on record for due observance by all concerned. Office

will proceed accordingly.

2. Learned counsel for the petitioners presses IA

No. 207 of 2006, filed under the provisions of section 5 of

the Limitation Act, seeking condonation of the delay in

filing this MJC application. In view of the facts and

circumstances stated in this application, the delay in filing

the present restoration application is hereby condoned. IA

No.207 of 2006 is accordingly disposed of.

3. It appears that this MJC application has been

filed for recall and/or modification of the orders dated
2

9.9.2003 and 17.12.2003, passed in Misc. Appeal No. 2 of

2003. In the facts and circumstances of the case, the same

are hereby recalled. Misc. Appeal No. 2 of 2003 is

accordingly restored to its original file.

4. The present restoration application is

accordingly allowed.

mrl                              ( S K Katriar )