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1973 Supreme(Ori) 11

G.K.MISRA, B.K.PATRA, R.N.MISRA
BIMALA DEVI – Appellant
Versus
PATITAPABAN DEV – Respondent


Advocates Appeared:
B.PATNAIK, S.N.SINHA

G. K. MISRA, C. J.

( 1 ) FACTS may be stated in brief. First Appeal No. 127 of 1971 was filed with 4 defects. Defects 1 to 3 were removed before the Registrar on 10-1-1972 by order no. 2. For removal of defect No. 4 the Registrar granted three days time on that day with an order that failing compliance the appeal would be placed before the bench for dismissal. As the defect was not removed the appeal was listed before r. N. Misra, J. on 18-1-1972 who passed the following order: "there is no compliance of order No. 2. There is no appearance. Mr. Das is grant-ed two days' time to comply with order No. 2 subject to an application failing which the appeal shall stand dismissed without further reference to Court. " The appellants filed the requisites in time but did not file an application for acceptance of the requisites. Thus, the peremptory order passed on 18-1-1972 was not complied with partially. Accordingly the Deputy Registrar passed an order on 25-1-72 to the effect "the appeal stands dismissed in pursuance of Court's Order No. 3 dated 18-1-1972. " on 13-7-1972 this M. J. C was filed, long after the expiry of thirty days. The stamp Reporter did not take any objection that the M















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