High Court Patna High Court - Orders

Dina Nath Goswami vs Gopal Jee Goswami & Ors on 24 August, 2011

Patna High Court – Orders
Dina Nath Goswami vs Gopal Jee Goswami & Ors on 24 August, 2011
      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
                  ======================================================
                  Dina Nath Goswami
                                                                      .... .... Petitioner/s
                                                   Versus
                  Gopal Jee Goswami & Ors
                                                                     .... .... Respondent/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s    : Mr. Ravindra Jee Sahay
                  For the Respondent/s     : Mr.
                  ======================================================
                  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/-