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Patna High CourtMJC/4202/2014allowed

Ramadhar Singh v. The State Of Bihar And ORS

2017-09-11Mr. Justice Mungeshwar Sahoo2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.4202 of 2014 In Civil Writ Jurisdiction Case No. 7153 of 2011 ====================================================== Ramadhar Singh .... .... Petitioner/s

Versus

The State of Bihar & Ors .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Madan Prasad Singh No-2 For the Respondent/s : Mr. Prashant Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 11-09-2017 Heard learned counsel for the petitioner.

This M.J.C. application has been filed by the petitioner for restoration of C.W.J.C. No.7153 of 2011 which was dismissed for non-prosecution.

The learned counsel for the petitioner submitted that copies of this M.J.C. application have already been served in the Office of the Advocate General and also on the learned counsel appearing on behalf of Accountant General of Bihar. It appears from the M.J.C. application that copies have already been served but nobody is appearing on behalf of the aforesaid respondents.

In view of the submission of learned counsel for the petitioner and in view of the statements made in the M.J.C. application, in my opinion, the petitioner was prevented by

Patna High Court MJC No.4202 of 2014 (4) dt.11-09-2017 sufficient cause from not appearing before the Court when the writ application was called on for hearing in admission matter. In the result, this M.J.C. application is allowed and C.W.J.C. No.7153 of 2011 is restored to its original file. (Mungeshwar Sahoo, J) Harish/- U