IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.1901 of 2011
Sampat Kumar Tripathi @ Muna Jee
Versus
Krishna Kumar Tripathi @ Lalla
----------------------------------
2. 06.09.2011 Heard the learned counsel for the petitioner.
This MJC application has been filed for
restoration of First Appeal No. 284 of 2007 which was
dismissed for default on 25.3.2011.
The learned counsel for the petitioner
submitted that when the appeal was called out for
hearing nobody appeared because the father of the
learned counsel who was appearing on behalf of the
appellant was seriously ill and was admitted in the
hospital and, therefore, the learned counsel on that day
had not come to the court.
Considering the submission of the learned
counsel I am satisfied that the appellant was prevented
by sufficient cause from not appearing before the court
when the first appeal was called out for hearing.
Accordingly, this MJC application is allowed and the First
Appeal No. 284 of 2007 is restored to its original file.
S.S. (Mungeshwar Sahoo,J.)