High Court Patna High Court - Orders

Md. Allauddin vs Md. Vaseeruddin on 7 July, 2010

Patna High Court – Orders
Md. Allauddin vs Md. Vaseeruddin on 7 July, 2010
                   IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  MJC No.1666 of 2010
                                    MD. ALLAUDDIN .
                                            Versus
                                  MD. VASEERUDDIN .
                                          -----------

02/ 07.07.2001 Heard learned counsel for the petitioner.

2. This petition has been filed for restoration of S.A.

No. 306 of 2008, which stood dismissed due to non-appearance of

counsel for the appellant on 30.03.2010 when the said appeal was

called out for hearing under Order XLI Rule 11 of the Code of Civil

Procedure.

3. Considering the averments made by learned counsel

for the petitioner and the statements made in this petition, it appears

that genuine reasons have been shown, due to which the appellant

could not be represented on the said date at the time of hearing of

the said second appeal under Order XLI Rule of the Code of Civil

Procedure. Accordingly, this M.J.C. case is allowed and S.A. No.

306 of 2008 is restored to its original file and number.

      MPS/                                 ( S. N. Hussain, J. )