MOST. KISNI DEVI Vs. MAHENDRA YADAV

JUDGEMENT

(1.) The petitioners have filed the instant application under Article 227 of the Constitution of India challenging the order dated 18.05.2016 passed by the learned Additional Munsif, Madhepura in Misc. Case No. 5 of 2014.

(2.) Learned counsel for the petitioners submitted that the order impugned passed by the court below is bad in law as well as on facts. The court below ought to have allowed the miscellaneous application filed on behalf of the petitioners for restoration of the Title Suit No. 48 of 1998.

(3.) I have perused the order impugned. I find that Misc. Case No. 5 of 2014 was filed by the petitioner for restoration of Title Suit No. 48 of 1998. The said suit was filed by the husband of the petitioner no.1, which was dismissed on 12.07.2002 for want of prosecution. After the dismissal of the title suit, Misc. Case No. 2 of 2002 was filed by the husband of the petitioner no.1, which also was dismissed for want of prosecution on 09.04.2003.