IN THE HIGH COURT OF JUDICATURE AT PATNA
SA No.464 of 2010
MD. HABIB ANSARI
Versus
MD. PRAMILA DEVI & ORS.
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I.A. No. 778 of 2011 at flag-‘B’
4/ 06-04-2011 The present interlocutory application has been filed
on behalf of the appellant praying therein for modification of
order dated 24.01.2011 passed by this Court, whereby appellant
was granted one week’s peremptory time to remove all the
defects, pointed out by the office.
Learned counsel for the appellant submits that
excepting defect no.2, other defects have been removed, but so
far as defect no.2 is concerned, that could not have been
removed by the learned counsel appearing on behalf of the
appellant. According to him, defect no.2 is regarding difference
of date of judgment as shown in the judgment under appeal with
that of certified copy of the decree under appeal. He further
submits that in fact, that defect is fit to be ignored.
Since the present Interlocutory application has been
filed before expiry of the peremptory time granted by this Court,
therefore, order dated 24.01.2011 is modified to the extent that
defect no.2, pointed out by the stamp reporter, is ignored for the
present.
I.A. No. 8536 of 2010 at flag-C
Issue notice to the respondents by ordinary process
as also by registered post with A/D to show cause as to why the
reliefs prayed for in the present interlocutory application be not
granted to the appellant. Requisites for issuance of notice must
2
be filed within a week, failing which this interlocutory
application shall stand rejected without further reference to a
Bench.
( Birendra Prasad Verma, J.)
BTiwary/