Smt. Sunita Devi v. The Union Of India, Through The General Manager, East Central Railway, Hazipur

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.4520 of 2018 In Miscellaneous Appeal No.458 of 2016 ====================================================== Smt. Sunita Devi Wife of Late Babu Ram Choudhary Resident of villageNaya Tola, Madhopur, P.OandP.S Bakhtiyarpur, DisttPatnaBihar ... ... Petitioner/s

Versus

The Union Of India, Through The General Manager, East Central Railway, Hazipur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Krishna Mohan Murari For the Opposite Party/s :

Mr.Anil Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 06-03-2019 Heard learned counsel for the petitioner and learned counsel for opposite party.

The petitioner has filed the aforesaid MJC application for restoration of M.A. No. 458 of 2016 to its original file, which was dismissed by this Court on 09.10.2018 for nonprosecution with the case that as the learned counsel for the petitioner could not turn up before the court due to his illness on 09.10.2018 at the time of call in the aforesaid appeal, the aforesaid appeal was dismissed for non-prosecution of the petitioner. There has been no intentional and deliberate laches and negligence on the part of the petitioner in dismissal of the aforesaid appeal.

Having regard to the facts and circumstances of

Patna High Court MJC No.4520 of 2018(3) dt.06-03-2019 2/2 the case and finding substance in the aforesaid petition, the aforesaid Miscellaneous Appeal No. 458 of 2016 is hereby restored to its original file.

Accordingly, this MJC application is allowed. (Prakash Chandra Jaiswal, J) sushma/- U