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2017 Supreme(Pat) 739

MUNGESHWAR SAHOO
Madho Yadav – Appellant
Versus
Ram Chandra Sharma – Respondent


Advocates:
Advocate Appeared:
For the Petitioners:Mr. T.N. Maitin, Sr. Advocate, Mr. Ajay Kumar, Advocate with him.
For the Opposite Party :Mr. Rai Shiva Jee Nath, Sr. Advocate, Mr. Alok Anand

ORDER :

1. This MJC application has been filed under Order 41 Rule 21 of the Code of Civil Procedure by the respondents of Second Appeal No.73 of 1985 praying for re-hearing of the Second Appeal No.73 of 1985 after setting aside ex.-parte judgment against the petitioners.

2. It appears that Second Appeal was heard and disposed of by this Court on 27.11.2013 after hearing the appellants of the Second Appeal. Nobody appeared on behalf of the respondent.

3. The MJC application is barred by law of limitation. Therefore, separate limitation application has been filed for condoning the delay being I.A. No.6558 of 2015. From perusal of the MJC application as well as the limitation application, it appears that the grounds are same.

4. The learned senior counsel, Mr. T.N. Maitin appearing on behalf of the petitioner submitted that Karu Yadav the father of petitioner No.1 and 2 was doing Pairvi in the Second Appeal. After notice, the petitioner No.1 and 2 along with their father Karu Yadav had appeared through the learned counsel, Mr. Bindeshwari Prasad Sinha. The Vakalatnama was signed by the other two junior Advocate of Bindeshwari Prasad Sinha, namely, Chitragupta Prasad and Prabhat Kumar Sin











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