Ganesh Sharma, v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1313 of 2021 In Civil Writ Jurisdiction Case No.1406 of 2015 ====================================================== Ganesh Sharma, Male, aged about 57 years, S/o Late Ramautar Sharma, Resident of Village- Lodipur, Police Line, P.S.-Gandhi Maidan, Dist-Patna. ... ... Petitioner

Versus

1.

The State of Bihar.

2.

Inspector General Police, Bihar Police Transport, Headquarter. 3.

Director General of Police, Bihar, Police Transport Headquarter, Patna. ... ... Opposite Parties/ Respondents ====================================================== Appearance :

For the Petitioner :

Mr. Prashant Kashyap, Adv.

For the Opposite Parties :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 17-08-2022 The present petition has been filed for restoration of CWJC No 1406 of 2015 which stood dismissed for want of prosecution by order dated 17-04-2018.

It is submitted that one out of the two counsels appearing in CWJC No. 1406 of 2015 was ill, and by the time the other counsel could reach the Court, when the matter was called out on 17-04-2018. The same was taken up and dismissed in default of appearance.

The submission is that in spite of due diligence, the counsel falls ill and due to above reason, would not appear on the date when the application stood dismissed for default. The reasons stated in the restoration petition are accepted

Patna High Court MJC No.1313 of 2021(4) dt.17-08-2022 2/2 as sufficient cause for restoration of the instant petition. Accordingly, CWJC No. 1406 of 2015 is restored to its original file and number.

The restoration petition is allowed.

(Madhuresh Prasad, J) shyambihari/- U