IN THE HIGH COURT OF JHARKHAND AT RANCHI

(Civil Miscellaneous Jurisdiction)

C.M.P. NO.____________/2016
(Arising out of F.A. No. 98 of 2012)

IN THE MATTER OF :-

An application under

Section 151 of the Code

of Civil Procedure;

A N D

IN THE MATTER OF :-

Mantu Mahato, Son of Late Danku Mahato, Resident

of Kalyanpur, P.O.Raamnagargarh, P.S.-Mahuda,

District-Dhanbad, Jharkhand.

…Petitioner

- :versus: -

Smt. Kamli Devi daughter of Late Ram Mahato,

Resident of Murulidih Basti, P.O. and P.S.-

Mahuda, District-Dhanbad, Jharkhand.

… Respondent
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To,

Hon’ble Mr. Justice

Virender Singh, the Chief

Justice of the Jharkhand

High Court at Ranchi and

His other companion

Judges of the said

Hon’ble High Court.

The humble petition on

behalf of the

petitioner, named

above:

MOST RESPECTFULLY SHEWETH:

1. That in the instant restoration application,

the petitioner prays for restoration of First

Appeal being F.A. No. 98/2012, which has been

dismissed for non- prosecution by the Hon'ble

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Division Bench presided over by the Hon'ble

Chief Justice on 24.08.2015.

2. That it is stated that the petitioner has not

moved earlier before this Hon’ble Court for

the self same relief(s).

3. That it is stated that the petitioner being

aggrieved by and dissatisfied with the

Judgment dated 05.05.12 passed in Civil

Miscellaneous Case No. 01/2006 by Sri Krishna

Murari Gupta, the learned Principal Judge,

Family Court, Dhanbad, has preferred the

instant first appeal.

4. That it is stated that when the matter was

called out on 24.08.2015, the counsel for the

appellant did not appear and due to this

reason, the instant first appeal has been

dismissed as non- prosecution.

5. That it is stated that on 24.08.2015 due to

inadvertence the counsel for the petitioner

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did not appear due to the reason that this

case was not marked in the cause list by the

clerk of the appearing counsel.

6. That it is stated that due to bonafide mistake

on the part of the counsel for the

petitioner, he did not appear on that day.

7. That it is stated that non-appearance of the

counsel of the petitioner is not deliberate

and intentional rather, it was inadvertence

mistake on the part of the counsel of the

petitioner.

8. That it is stated that if the original appeal

is not being restored to its original file,

the petitioner shall suffer irreparable loss

and injury.

9. That this application is being made bona fide

and in the interest of justice.

It is therefore, prayed

that Your Lordships may

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graciously be pleased to

allow this application and

further be pleased to

restore the First Appeal

being F.A. No. 98/2012,

which has been dismissed

for non-prosecution by the

Hon'ble Division Bench

presided over by the

Hon'ble Chief Justice.

AND/OR

Be pleased to pass such

other order/direction as

Your Lordships may deem fit

and proper for doing

conscionable justice to the

petitioner.

And for this act of kindness, the petitioner

shall ever pray.

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A F F I D A V I T

I, Mantu Mahato, Son of Late Danku Mahato,

Resident of Kalyanpur, P.O.Raamnagargarh, P.S.-
Mahuda, District-Dhanbad, Jharkhand, do hereby
solemnly affirm and state as follows :-
1. That I am petitioner in this case and as such
I am well acquainted with all the facts and
circumstances of this case.
2. That the contents of this application and
affidavit have been read over by me, which I
have fully understood.
3. That the statements made in paragraphs
……………………………. are true to my knowledge and
those made in paragraphs …………….……… are based
on information derived from the records of
the case, which I believe to be true and the
rest are by way of submissions before this
Hon’ble Court.
4. Verified, sworn and signed by me on ……day of
………., 2016 at Jharkhand High Court, Ranchi.