2026:JHHC:3292 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI C.M.P. No. 726 of 2022 1. Dhirendra Kumar, aged about 28 years, Son of Kedar Singh. 2. Shyam Sundar Kumar @ Shyam Sundar Kumar, aged about 27 years, Son of Kedar Singh 3. Kalawati Kumari @ Bimla Devi, aged about 58 years, Wife of Kedar Singh. 4. Kanchan Bala, aged about 23 years, Duaghter of Kedar Singh. All are Resident of Village-Dangwar, P.O. Dangwar, P.S.- Hussainabad, District-Palamau, Jharkhand and at present Resident of Village-Gamhariya, P.O. & P.S.- Karakat, District-Rohtas (Bihar) … … Petitioners Versus 1. Most. Samudari Kuer, Widow of Late Chandradeo Mahto 2. Kedar Singh, Son of Late Chandradeo Mahto Both are Resident of Village-Dangwar, P.O.-Dangwar, P.S.- Hussainabad, District-Palamau, Jharkhand. 3. Dasrath Mahto, Son of Sukhdeo Mahto, Resident of Village- Dangwar, P.O- Dangwar, P.S. Hussainabad, District-Palamau, Jharkhand … … Opposite Parties --- CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY --- For the Petitioners : Mr. Shekhar Prasad Gupta, Advocate For the Opp. Parties : None --- 14/06.02.2026 (I.A. No. 11010 of 2022) 1. Learned counsel for the petitioners submits that the service of notice is complete inasmuch as opposite party Nos. 2 and 3 have appeared through Vakalatnama and the notice upon opposite party No.1 has been served through his son. 2. Notice is accepted as validly served. 3. Learned counsel submits that the interlocutory application being I.A. No. 11010 of 2022 has been filed seeking condonation of delay in filing the present C.M.P. The learned counsel submits that the case was being conducted by another counsel but, for some reason or the other, the previous counsel did not remove the defects and ultimately the 2nd appeal got dismissed on account of non-removal of defects and consequently, there has been some delay in filing the petition for restoration. 2026:JHHC:3292 2 4. After going through the averments made in the interlocutory application, the prayer for condonation of delay in filing this C.M.P through I.A. No. 11010 of 2022 is hereby allowed. C.M.P No. 726 of 2022 5. This C.M.P has been filed for restoration of 2nd appeal being S.A. No. 141 of 2018 which stood dismissed on account of non- removal of defects in terms of order dated 10.09.2020. 6. Learned counsel for the petitioners submits that the defects could not be removed within time although, there was no intentional latches on the part of the petitioners. 7. Being satisfied with the cause shown, the time for removal of defects in S.A. No. 141 of 2018 is extended till 16th March, 2026. 8. If the defects in S.A. No. 141 of 2018 is removed within the extended time, office is directed to post the Second Appeal case under appropriate heading on 25th March, 2026. 9. This C.M.P. is disposed of. (Anubha Rawat Choudhary, J.) 06.02.2026 Rakesh/- Uploaded on:- 12.02.2026