IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.3598 of 2010 KRISHNA PRASAD & ORS. Versus OM PRAKASH & ORS. -----------
3. 10.11.2010 1. Heard learned counsel for the petitioners.
2. This M.J.C. petition has been filed for restoration of
S.A. No. 119 of 2007 which stood dismissed for default due to non-
compliance of peremptory order of this court dated 10.12.2009.
3. Learned counsel for the petitioners submits that on
10.12.2009 while admitting the second appeal a peremptory order
was passed for issuance of appeal notices upon the respondents.
Learned counsel for the petitioners submits that in compliance of
the said order, notices to the original respondents were duly filed by
the appellants-petitioners within the time prescribed but due to
inadvertence notices could not be filed for the proforma respondent
nos. 16 to 19, who were impleaded after filing of the second appeal
4. Considering the averments made by the learned
counsel for the petitioners and the statements made in this M.J.C.
petition, it appears that genuine reasons have been shown which
prevented the petitioner from complying the said order fully.
5. Accordingly, this petition is allowed and S.A. No. 119
of 2007 is restored to its original file and number as the appeal
notices for proforma respondent nos. 16 to 19 have already been
filed on 25.08.2010. Office is directed to take steps accordingly.