IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.2390 of 2007
Gayatri Devi & Ors
Versus
Anandi Pd.Yadav & Anr
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7. 10.8.2011 Heard learned counsel for the petitioners.
This is an application for restoration of Second Appeal
No.200 of 2002, which stood dismissed for non-compliance of the
order dated 18th of September, 2003, whereby two weeks’ time
was allowed to deposit the deficit court fee. The present M.J.C.
application was dismissed for non-compliance of the peremptory
order dated 7.7.2008. However, the same was restored vide order
dated 28th of September, 2010 passed in M.J.C. No.1210 of 2010.
Considering the submissions of the learned counsel for
the petitioners and the grounds stated in this M.J.C. application,
the present M.J.C. application is allowed and the connected
Second Appeal No.200 of 2002 is restored to its original file,
subject to the condition that the petitioners shall deposit the deficit
court fee as per the stamp report in the connected second appeal
within a period of one week, as prayed for.
PNM (Shailesh Kumar Sinha, J.)