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Patna High CourtMJC/3045/2016allowed

Amar Nath Bhagat v. The State Of Bihar And ORS

2020-02-14Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.3045 of 2016 In Miscellaneous Jurisdiction Case No.1056 of 2010 ====================================================== Amar Nath Bhagat ... ... Petitioner/s

Versus

The State Of Bihar and Ors ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kamala Kant Tiwary For the Opposite Party/s :

Mr. Sandip Patil for the State : Mr. Kumar Manish, SC 5 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 14-02-2020 Heard both sides.

This petition is filed for restoration of MJC No. 1056 of 2010 which was filed for restoration of CWJC No. 14504 of 2009.

It is submitted that the learned counsel, who was appearing in CWJC No. 14504/2009, did not attend the court and consequently the writ petition was dismissed. The learned counsel did not inform the petitioner and file restoration petition with his own affidavit but the same was also dismissed on 19.01.2011. After five years the present restoration petition is filed.

Having considered the reasons and being satisfied with the same, this restoration petition is allowed and MJC No. 1056 of 2010 is restored to its original file, subject to payment

Patna High Court MJC No.3045 of 2016(8) dt.14-02-2020 2/2 of cost of Rs. 2000/- in the account of Patna High Court Legal Services Committee within two months from the date of this order.

(Prabhat Kumar Jha, J) BKS/- U