SECOND APPEAL 313 of 2010 on 8 February 2010

1. Shakti Pado Sharma,

2. Dasrath Sharma3. Gayaram Sharma,sons of Late Mahabir Sharma,

4. Mani Devi,

5. Ashthama Devi,

daughters of Late Mahabir Sharma,

6. Bindeshwar Sharma,

7. Amar Sharma

8. Jaydeb Sharma,

9. Johar Sharma, sons of Late Arun Chandra Sharma;10. Satya Devi,11. Urmila Devi,12. Sarama Devi,13. Chhaya Devi, daughters of Late Arun Chandra Sharma,14. Batwa Devi, widow of Late Arun Chandra Sharma;All residents of Village- Nawadih, PO Chas, PS Chas (M), District- Bokaro;15. Laldeo Singh Chowdhary;16. Amar Singh Chowdhary,17. Batul Singh Chowdhury, all sons of Late Jawarilal Singh Chowdhury;18. Rina Devi, widow of Late Parikhit Singh Chowdhury,19. Kumari Puna Devi, daughter of Late Parikhit Singh Chowdhury (represented through mother Rina Devi-respondent No. 18);20. Nuni Budhi Devi, daughter of Late Jawarilal Singh Chowdhury, all resident of Tupra PO & PS Pindrajora District-Bokaro;21. Narayan Singh Chowdhury, son of Banwari Singh Chowdhury, residents of Tupra, PO & PS-Pindrajora, District-Bokaro

….... ….....Petitioners

-- Versus --1. Mahabir Gorain, son of Late Guhiram Gorain, resident of Pupunki, PO & PS- Chas, District-Bokaro;2. Biju Mahto @ Biju Gorain, son of Late Ujar Mahato, resident of Village-Nawadih, PO & PS-Chas, District-Bokaro.3. Nunia Devi, resident of Barora, PO & PS Baghmara, District-Dhanbad.4. The State of Jharkhand ....Opposite Parties

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CORAM :- HON'BLE MR. JUSTICE P.P. BHATT

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For the Petitioners:- M/s. Ajit Kumar & P.S. Ghosh, AdvocatesFor the Opposite Parties :-

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5/21.02.2015:Present petition has been filed under Section 151 of the Code of Civil Procedure for restoration of Second Appeal No. 114 of 2009, which was dismissed for default on account of part compliance of the peremptory order dated 8.2.2010 passed by a coordinate Bench of this Court.

Heard learned counsel for the petitioners and perused the petition, which is supported by affidavit.

For the reasons stated in the petition, especially in paragraph Nos.6 & 7, instant C.M.P. is allowed. Accordingly, Second Appeal No. 114 of 2009 is ordered to be restored to its original file.

The instant C.M.P. stands disposed of, accordingly.

( P.P. Bhatt, J.)

S.B.