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Patna High Court – Orders
Sri Prakash Singh & Ors vs Ambika Singh & Ors on 16 September, 2011
                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                         Miscellaneous Jurisdiction Case No.942 of 2007
                                    Sri Prakash Singh & Ors
                                               Versus
                                     Ambika Singh & Ors
                                  ----------------------------------

16. 16.09.2011 Heard.

This is an application for restoration of First

Appeal No. 397 of 1993 which stood dismissed in

default for non-compliance of the peremptory order

dated 03.07.2003, whereby this court directed for

complying the orders dated 05.07.2002 and 25.06.2003.

The restoration application has been filed

along with the Interlocutory Application No. 2598 of

2007 for condoning the delay.

Learned counsel for the petitioner submits

that despite service of notice, all the opposite parties

have not appeared.

Mr. Navin Prasad Singh, learned counsel for

the Opposite Party appears and submits that petitioner

was not serious in prosecuting the first appeal, in

question, and as such, the same was dismissed for non-

prosecution.

Having considered the submissions of the

parties and the grounds stated in the Interlocutory

Application No. 2598 of 2007 for condoning the delay in

filing the present restoration application, the delay is
2

condoned.

The Interlocutory Application No. 2598 of

2007 stands allowed.

M.J.C. No. 942 of 2007.

As regards the restoration of First Appeal No.

397 of 1993 is concerned, considering the submissions

and the grounds stated in this application, the

connected first appeal i.e. First Appeal No. 397 of 1993

which was dismissed for non-prosecution, is restored to

its original file.

The M.J.C. application stands disposed of.

As prayed for, four weeks time is allowed to

remove the defects indicated in the order dated

05.07.2010.

The aforesaid orders are passed subject to the

payment of cost of Rs. 3000/- out of which 1500/- be

paid to Mr. Navin Prasad Singh, learned counsel for the

Opposite Party who has appeared in this case in the

hearing of the restoration matter and the rest 1500/- be

deposited with the Patna High Court, Legal Aid

Committee.

Jagdish ( Shailesh Kumar Sinha, J.)


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