Patna High Court MJC No.1204 of 2008 (4) dt.24-08-2011 IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.1204 of 2008 ====================================================== Dina Nath Goswami .... .... Petitioner/s Versus Gopal Jee Goswami & Ors .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Ravindra Jee Sahay For the Respondent/s : Mr. ====================================================== CORAM: HONOURABLE JUSTICE SMT. SHEEMA ALI KHAN ORAL ORDER (Per: HONOURABLE JUSTICE SMT. SHEEMA ALI KHAN) 4 24-08-2011 It appears that this Court had ordered for issuance of notices to Opposite Parties before the First Appeal could be restored. On perusal of the records, it appears that by order dated 27.02.2008, the appellants were granted time to remove the defect in the First Appeal. Since, they did not remove the defects within time granted by this Court, First Appeal stood dismissed for non-compliance of the order dated 27.02.2008. This First Appeal has not yet been admitted. The respondents obviously had not appeared earlier in the First Appeal. Considering the facts aforesaid, this restoration application is allowed and the First Appeal No. 68 of 2007 is restored to its original file. This order is subject to the fact that the appellant should Patna High Court MJC No.1204 of 2008 (4) dt.24-08-2011 remove the defect within a period of four weeks from today. Prabhakar Anand/- (Sheema Ali Khan, J)