High Court Patna High Court - Orders

Sampat Kumar Tripathi @ Muna Jee vs Krishna Kumar Tripathi @ Lalla on 6 September, 2011

Patna High Court – Orders
Sampat Kumar Tripathi @ Muna Jee vs Krishna Kumar Tripathi @ Lalla on 6 September, 2011
                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Miscellaneous Jurisdiction Case No.1901 of 2011
                            Sampat Kumar Tripathi @ Muna Jee
                                           Versus
                             Krishna Kumar Tripathi @ Lalla
                              ----------------------------------

2. 06.09.2011 Heard the learned counsel for the petitioner.

This MJC application has been filed for

restoration of First Appeal No. 284 of 2007 which was

dismissed for default on 25.3.2011.

The learned counsel for the petitioner

submitted that when the appeal was called out for

hearing nobody appeared because the father of the

learned counsel who was appearing on behalf of the

appellant was seriously ill and was admitted in the

hospital and, therefore, the learned counsel on that day

had not come to the court.

Considering the submission of the learned

counsel I am satisfied that the appellant was prevented

by sufficient cause from not appearing before the court

when the first appeal was called out for hearing.

Accordingly, this MJC application is allowed and the First

Appeal No. 284 of 2007 is restored to its original file.

S.S.                                              (Mungeshwar Sahoo,J.)