IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.942 of 2007
Sri Prakash Singh & Ors
Versus
Ambika Singh & Ors
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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.)
