High Court Patna High Court - Orders

Shivotar Singh & Ors vs Kripal Singh & Ors on 3 August, 2011

Patna High Court – Orders
Shivotar Singh & Ors vs Kripal Singh & Ors on 3 August, 2011
                  IN THE HIGH COURT OF JUDICATURE AT PATNA
               MISCELLANEOUS JURISDICTION CASE No.664 of 2011
                                 Shivotar Singh & Ors
                                          Versus
                                  Kripal Singh & Ors
                             ----------------------------------

03/ 03.08.2011 Heard learned counsel for the petitioners.

This petition has been filed for restoration of S.A.

No.121 of 1991 which stood dismissed for default due to non-

compliance of peremptory order of this court dated 31.03.2009 by

which one week time was allowed to the appellants to file requisites

for notices upon the respondents.

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 which prevented the petitioners

from complying the said order within time. Leaned counsel for the

petitioners submits that the requisites have already been filed by the

petitioners on 01.08.2011. Accordingly, this M.J.C. petition is allowed

and S.A. No.121 of 1991 is restored to its original file and number.

Since S.A. No.121 of 1991 is already two decades old,

office is directed to take steps immediately for sending notices to the

respondents for which requisites have already been filed.

      Harish                                                (S.N.Hussain, J.)