High Court Patna High Court - Orders

Arjun Prasad &Amp; Ors. vs Kameshwar Prasad &Amp; Anr. on 29 September, 2010

Patna High Court – Orders
Arjun Prasad &Amp; Ors. vs Kameshwar Prasad &Amp; Anr. on 29 September, 2010
                   IN THE HIGH COURT OF JUDICATURE AT PATNA
                                       MJC No.799 of 2010
                   1. ARJUN PRASAD
                   2. BABAN PRASAD
                   3.   LALA BACHAN PRASAD
                       ALL SONS OF LATE RAMA PRASAD
                   4. PRAMOD KUMAR SINHA S/O BABAN PRASAD
                        ALL RESIDENTS OF             VILLAGE- RAJABIGHA, P.S.
                       NARHAT, DISTT.- NAWADA, AT PRESENT RESIDING AT
                       NEW AREA PIPARPANTI, P.S. KOTWALI, DISTT.- GAYA.
                       PLAINTIFF-APPELLANTS-APPELLANTS-PETITIONER-
                       PETITIONERS.
                                               Versus
                   1. KAMESHWAR PRASAD S/O LATE NARSINGH NARAYAN
                       SINHA R/O MOHALLA- TILHA, NEAR RAJENDRA
                       ASHRAM, P.S. CIVIL LINES, DISTT.- GAYA.
                   2. LALOO YADAV S/O KARU YADAV R/O VILL.-
                       BHIKHANPUR, P.S. TEKARI, DISTT.- GAYA, AT PRESENT
                       R/O VILL.- KATARI, P.S. CHANDAUTI, DISTT.- GAYA.
                            ..DEFENDANTS/RESPONDENTS/RESPONDENTS/OPPO
                       -SITE PARTIES/OPPOSITE PARTIES.
                                           -----------

05/ 29.09.2010 This petition has been filed for restoration of Civil

Review No.20 of 2009 which was dismissed for default due to

non-compliance of peremptory order of this court dated

18.12.2009 by which time till 24.12.2009 was allowed to the

petitioners to file limitation petition and to remove defect nos. 1 to

4.

Considering the averments made by learned counsel for

the petitioners and the statements made in this petition, it appears

that genuine reasons have been shown which prevented the

petitioners from complying the said order within the aforesaid

time. However, I.A.No.15 of 2010 was filed on 04.01.2010 for

condoning the delay in the filing of the review petition.

Accordingly, this petition is allowed and Civil Review

No.20 of 2009 is restored to its original file and number. However,
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this order will be subject to removal of defect nos. 1 to 4 in the

civil review petition within one week from today.

(S. N. Hussain, J.)

Sunil