Patna High CourtMJC/3524/2015allowed

Chandreshwar Prasad Sinha @ Chandeshwar Prasad Sinha v. The State Of Bihar And ORS

2016-02-17Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No. 3524 of 2015 In Civil Rev. No. 237 of 2015 ====================================================== Chandreshwar Prasad Sinha @ Chandeshwar Prasad Sinha .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dr. Kamal Deo Sharma For the Respondent/s : AC to SC-30 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.

17-02-2016 Heard Sri Kamal Deo Sharma, learned counsel for the petitioner and learned A.C. to Standing Counsel - 30. The present petition has been filed with a prayer to restore Civil Review No. 237 of 2015, which stood dismissed due to non-compliance of peremptory order dated 14-08-2015. By order dated 14-08-2015, one week peremptory time was granted for removing defect, as pointed out by the office. It was submitted by learned counsel for the petitioner that on 14-8-2015, when the case was listed under the heading "For Orders (Defective Cases)", instead of his name, the name of some other counsel was appearing in the daily cause list on behalf of the petitioner and as such, he failed to mark the case and in his absence, peremptory order was passed. He has also enclosed photocopy of daily cause list dated 14th August, 2015 with the

Patna High Court MJC No.3524 of 2015 (2) dt.17-02-2016 2/2 petition to show error in the daily cause list. In view of the facts and circumstances as well as bona fide reason, the Court is of the opinion that it is a fit case for restoring the Civil Review No. 237 of 2015.

Accordingly, Civil Review No. 237 of 2015 is directed to be restored to its original file provided the order dated 14-08-2015 is complied with within a period of three weeks from today, failing which, the Civil Review Petition shall stand automatically dismissed.

(Rakesh Kumar, J.) Anay U