High Court Patna High Court - Orders

Ramshakhi Devi vs Gayatri Devi &Amp; Ors. on 29 September, 2010

Patna High Court – Orders
Ramshakhi Devi vs Gayatri Devi &Amp; Ors. on 29 September, 2010
                   IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  MJC No.3796 of 2010
                                  RAMSHAKHI DEVI .
                                          Versus
                                GAYATRI DEVI & ORS. .
                                        -----------

03/ 29.09.2010 This petition has been filed for restoration of Second

Appeal No.253 of 2009 which was dismissed for default due to

non-compliance of peremptory order dated 29.01.2010 by which

two weeks time was allowed to the appellants to remove defects

no. 5 and 7 of stamp report dated 04.07.2009.

Considering the averments made by learned counsel for

the petitioner and the statements made in this petition, it appears

that genuine reasons have been shown which prevented the

appellant from removing the said defects within the time allowed.

Accordingly, this petition is allowed and Second

Appeal No.253 of 2009 is restored to its original file and number.

However, this order will be subject to compliance of the said order

dated 29.01.2010 within one week.

(S. N. Hussain, J.)

Sunil