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Patna High CourtMJC/2470/2017allowed

Sunil Kumar Savita v. The Union Of India And ORS

2017-11-01Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2470 of 2017 ====================================================== Sunil Kumar Savita ... ... Petitioner/s

Versus

The Union Of India & Ors ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Sri Sanjay Kumar For the Opposite Party :

Sri Anshuman Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 01-11-2017 Heard Sri Sanjay Kumar, learned counsel for the petitioner and Sri Anshuman Singh, learned Central Government Counsel.

The present petition has been filed with a prayer to restore C.W.J.C. No. 6657 of 2008, which stood dismissed due to noncompliance of peremptory order dated 26.08.2013. By the said order, peremptory time was granted for filing rejoinder to the counter affidavit, which was not complied with. However, learned counsel for the petitioner by way of referring to the statement made in paragraph no. 6 of the petition submits that the order dated 26.08.2013 has already been complied and petitioner has filed rejoinder. Of- course, it has been filed belatedly.

Considering the facts and circumstances, the restoration petition stands allowed.

Patna High Court MJC No.2470 of 2017(3) dt.01-11-2017 2/2 Let C.W.J.C. No. 6657 of 2008 be restored to its original file.

(Rakesh Kumar, J) praful/- U T