IN THE HIGH COURT OF JUDICATURE AT PATNA
MJC No.4757 of 2010
RAMOTAR YADAV & ORS.
Versus
NAGO YADAV & ORS.
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3. 15.12.2010 1. This M.J.C. petition has been filed for restoration
of S.A. No. 259 of 2009 which stood dismissed for default due to
non-compliance of peremptory order of this court dated
04.05.2010 by which one week time was allowed to the
appellants to comply the order of the Lawazima Board dated
23.02.2010 by which four weeks final time was allowed to the
appellants to remove defect nos. 1 to 10 of stamp report dated
29.08.2009.
2. Although learned counsel for the opposite parties
vehemently opposes the contentions of the learned counsel for
the appellants, but from the averments made by the learned
counsel for the appellants and the statements made in this M.J.C.
petition, it appears that genuine reasons have been shown which
prevented the appellants from complying the said order within
the stipulated time.
3. Accordingly, this petition is allowed and S.A. No.
259 of 2009 is restored to its original file and number. However,
this order will be subject to removal of all the ten defects of the
aforesaid stamp report dated 29.08.2009 by 22nd December,
2010.
(S.N.Hussain, J.)
Sujit