IN THE HIGH COURT OF JUDICATURE AT PATNA
MJC No.1401 of 2009
RAM SAGAR RAI
Versus
BESARI DEVI & ORS.
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3. 19.4.2011 This application is for restoration of
Miscellaneous Appeal No.113 of 2003, which stood
dismissed for non-compliance of the order dated
26.9.2008, whereby two weeks’ peremptory time was
allowed for filing the requisites for service of notice on the
respondents.
It is submitted that the petitioner could
not file the requisites within the peremptory time. However,
the requisites were filed after the expiry of the aforesaid
date.
Considering the submissions and the
grounds stated in the application, this M.J.C. application
is allowed and the connected Misc. Appeal No.113 of 2003
is restored to its original file.
As stated that the requisites have already
been filed, the office shall verify the same.
As prayed for, three weeks’ time is allowed
to verify the requisites, which is stated to have been filed
after expiry of the peremptory time. If the same is in order,
the notices may be issued.
PNM (Shailesh Kumar Sinha,J.)