Jagtarni Devi And ORS v. Ram Uday Singh And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.3468 of 2016 In Civil Writ Jurisdiction Case No. 6391 of 1999 ====================================================== Jagtarni Devi & Ors .... .... Petitioner/s

Versus

Ram Uday Singh & Ors .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ram Naresh Singh For the Respondent/s : Mr. Md. Khurshid Alam (Aag 12) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 16-11-2016 Heard learned counsel for the petitioners.

The present petition has been filed with a prayer to restore CWJC No. 6391 of 1999, which stood dismissed on 21.5.2015 due to non -prosecution.

The present restoration petition has been filed by the legal heirs of the sole petitioner who died on 17.9.2014 . Death certificate of the sole petitioner has already been brought on record as Annexure -'1' to the petition. It has been indicated that earlier counsel who was appearing in the case due to some unavoidable reason did not appear and as such it stood dismissed on 21.5.2015.

In view of the facts and circumstances, CWJC No. 6391 of 1999 is directed to be restored to its original file with direction to file substitution petition in CWJC No. 6391 of 1999

Patna High Court MJC No.3468 of 2016 (3) dt.16-11-2016 2/2 within a period of six weeks, failing which, CWJC No. 6391 of 1999 shall stand dismissed without further reference to Bench. (Rakesh Kumar, J) Praful/- U