IN THE HIGH COURT OF JUDICATURE AT PATNA
MJC No.3593 of 2009
BRAHMDEO MAHTO .
Versus
THE STATE OF BIHAR .
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03. 14.02. 2011 Heard learned counsels for the petitioner and
the State.
This application has been filed for restoration of
the First Appeal No. 413 of 1987 arising out of land
acquisition matter. In the aforesaid appeal, by order
dated 01.03. 2000, appellants were allowed ten days time
to deposit deficit court fee of Rs. 2207.60/- but the same
was not deposited, with the result, the aforesaid appeal
was dismissed for non-compliance of the order dated
01.03.2000.
Considering the submission of the parties and
the ground stated in the application, the M.J.C.
application alongwith Interlocutory Application No. 7302
of 2009 for condoning the delay in filing the above
restoration application is allowed and the connected
First Appeal No. 413 of 1987 is restored to its original
file.
Let the petitioner deposit deficit court fee within
a period of four weeks, on the condition of deposit of Rs.
200/- with the Patna High Court Legal Service Authority
within the aforesaid time.
2
The objection of the State counsel with respect
to the entitlement of interest over the decree for the
period the appeal has remained dismissed due to the
latches of the petitioner shall be considered at the time
of hearing of the appeal.
The M.J.C. application stands disposed of.
Jagdish/ ( Shailesh Kumar Sinha, J.)