Patna High Court - Orders
Maliram Agrawal vs Bindeshwari Mandal & Ors on 16 November, 2009
IN THE HIGH COURT OF JUDICATURE AT PATNA
MJC No.1622 of 2009
MALIRAM AGRAWAL
Versus
BINDESHWARI MANDAL & ORS
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04/ 16.11.2009I.A. No.7069 of 2009 has been filed on behalf of petitioner for condoning the delay in filing of M.J.C. No.1622 of 2009. Considering the averments made by learned counsel for the petitioner and the statements made in the interlocutory application, it appears that genuine reasons have been shown due to which this M.J.C. could not be filed earlier. Accordingly, I.A. No.7069 of 2009 is allowed and delay in filing of the instant M.J.C. case is condoned.
This M.J.C. petition has been filed for restoration of S.A. No.576 of 1993 which stood dismissed due to non-compliance of order dated 24.02.1998 by which a Bench of this court granted three weeks peremptory time to take steps for fresh service of notice on respondent nos.8 to 15 through ordinary process.
Considering the averments made by learned counsel for the petitioner and the statements made in the petition, it appears that genuine reasons have been shown due to which appellant-petitioner could not comply the said order.
In the said circumstances, this petition is allowed and S.A. No.576 of 1993 is restored to its original file and number. However, this order will be subject to compliance of order dated 24.02.1998 by Friday next i.e. 20.11.2009.
harish/ ( S. N. Hussain, J. )