Patna High Court MJC No.1204 of 2008 (4) dt.24-08-2011
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.1204 of 2008
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Dina Nath Goswami
.... .... Petitioner/s
Versus
Gopal Jee Goswami & Ors
.... .... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Ravindra Jee Sahay
For the Respondent/s : Mr.
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CORAM: HONOURABLE JUSTICE SMT. SHEEMA ALI KHAN
ORAL ORDER
(Per: HONOURABLE JUSTICE SMT. SHEEMA ALI KHAN)
4 24-08-2011 It appears that this Court had ordered for issuance of
notices to Opposite Parties before the First Appeal could be
restored.
On perusal of the records, it appears that by order dated
27.02.2008, the appellants were granted time to remove the
defect in the First Appeal. Since, they did not remove the defects
within time granted by this Court, First Appeal stood dismissed
for non-compliance of the order dated 27.02.2008. This First
Appeal has not yet been admitted. The respondents obviously
had not appeared earlier in the First Appeal.
Considering the facts aforesaid, this restoration
application is allowed and the First Appeal No. 68 of 2007 is
restored to its original file.
This order is subject to the fact that the appellant should
Patna High Court MJC No.1204 of 2008 (4) dt.24-08-2011
remove the defect within a period of four weeks from today.
(Sheema Ali Khan, J)
Prabhakar Anand/-