Krishna Prasad &Amp; Ors. vs Om Prakash &Amp; Ors. on 10 November, 2010

Patna High Court – Orders
Krishna Prasad &Amp; Ors. vs Om Prakash &Amp; Ors. on 10 November, 2010
                  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

on 05.10.2009.

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.

       Sujit                                         (S.N.Hussain,J.)
 

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