IN THE HIGH COURT OF JUDICATURE AT PATNA
MJC No.384 of 2010
RAM PRAVESH PASWAN & ANR.
Versus
SMT. VIDHYOTMA MISHRA & ORS.
-----------
02/ 18.08.2010 This petition has been filed for restoration of S.A. No.18
of 2008 which was dismissed for default due to non-compliance of
peremptory order dated 19.02.2009 by which two weeks time was
allowed to the appellants to fully comply the order of Lawazima
Board dated 10.07.2008 by which direction was given to the
appellants to file limitation petition and remove defect nos.1 to 6 and
8 within four weeks.
Considering the averments made by learned counsel for
the petitioners as well as the statements made in the petition, it
appears that genuine reasons have been shown due to which some
defects could not be removed within time allowed, but subsequently
all the defects have been removed and limitation petition has been
filed, although belatedly. Accordingly, this petition is allowed and
S.A. No.18 of 2008 is restored to its original file and number.
However, this order will be subject to payment of deficit stamp of
Rs.2,978.10 in the second appeal within one month, if not yet paid.
Harish (S.N. Hussain, J.)