IN THE HIGH COURT OF JUDICATURE AT PATNA
MJC No.4234 of 2010
MOST. SATYA BHAMA DEVI & ORS.
Versus
JANARDAN MAHTO
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For the Petitioners : Mr. Ranjeet Kumar Singh 2, Advocate
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3 09.03.2011 This application has been filed for restoration
of Second Appeal No. 278 of 2009, which stood
dismissed for non compliance of order dated
21.6.2010.
It is submitted on behalf of the petitioners
that the certified copy of trial court judgment and
certified copy of decree under appeal, which were
wanting, by mistake had been filed in S.A. No. 276 of
2009 within the period granted for by order dated
21.6.2010. However, by mistake suit and appeal value
could not be entered for rectification of defect no. (C).
In above view the mater, the period of
compliance of order dated 21.6.2010 is extended till
23rd March, 2011. It is made clear that if the certified
copy of the trial court as well as the certified copy of
decree under appeal, which were required to be filed in
S.A. No. 278 of 2009 had been filed in S.A. No. 276 of
2
2009, the same should be attached with this file and
would be deemed to be sufficient compliance.
On being satisfied with the sufficiency of
reasons mentioned in this application for omission on
part of the petitioners, the date of compliance of order
dated 21.6.2010 is extended till 23.03.2011 and the
Second Appeal No. 278 of 2009 is restored to its original
file and number subject to the condition that the order
dated 21.6.2010 has fully been complied by 23.03.2011.
Accordingly, this application stands allowed.
Spd/- ( Dr. Ravi Ranjan, J.)