Most.Sundri & Anr. vs Narender Kumar @ Narender Kuma on 16 November, 2011

Jharkhand High Court
Most.Sundri & Anr. vs Narender Kumar @ Narender Kuma on 16 November, 2011
               IN THE HIGH COURT OF JHARKHAND,RANCHI.
                       C. M. P. No. 68 of 2008

           Most. Sundari & anr. ................................ Petitioners

                                      Versus
           Narender Kumar @ Narender Kumar Sondhi & ors...         Opposite parties.

                CORAM :- HON'BLE THE CHIEF JUSTICE
                         HON'BLE MR. JUSTICE P.P.BHATT

               For the Petitioners      :None
               For the Respondents     : None
                      .

Order No. 8 Dated 16th November, 2011

We perused the application for condonation of delay, I.A. No. 2296 of
2008. We also perused the record of Miscellaneous Appeal No. 378 of 2006. It
appears from the record of Miscellaneous Appeal No. 378 of 2006, which was
dismissed for non-compliance of the order dated 12th March, 2007, the respondents
were not served and, therefore, dismissal was in absence of even respondents. The
present application has been submitted for condonation of delay stating therein that
the petitioners are very poor persons and inadvertently the order dated 12 th March,
2007 was not complied with and they had no ill-intention to take benefit by
delaying the matter.

Since the appeal was dismissed in absence of the respondents and the
petitioners are very poor persons and one is widow, therefore, I.A. No. 2296 of
2008 is allowed and delay in filing the restoration application of 311 days is
condoned.

We also perused the facts mentioned in the application for restoration of
Miscellaneous Appeal No. 378 of 2006 and taking a liberal view we set aside the
dismissal order and restore the Miscellaneous appeal No. 378 of 2006.

Let the Miscellaneous Appeal No. 378 of 2006 be listed after 2 weeks.

(Prakash Tatia,C.J.)

(P.P.Bhatt, J.)
SD/ JK-;

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