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Patna High CourtMJC/1728/2019allowed

Rajesh Ranjan v. The State Of Bihar

2022-04-27Mr. Justice P. B. Bajanthri2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1728 of 2019 In Civil Writ Jurisdiction Case No.11090 of 2017 ====================================================== Rajesh Ranjan ... ... Petitioner/s

Versus

The State of Bihar and others ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ebrahim Kabir, Advocate For the Opposite Party/s :

Mr. Suman Kumar Jha, AC to AAG-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL ORDER 27-04-2022 Heard learned counsel for the parties.

In the instant petition, petitioner has prayed for the following relief/reliefs:

"That this is an application for restoration of CWJC No. 11090 of 2017 to its original file which got dismissed for default for non-compliance of order dtd. 13.09.18 whereby this Hon'ble Court had granted two weeks time to remove defect failing which the case will stand rejected without further reference to the Bench and the said order could be complied late i.e., after the time period fixed above and the

Patna High Court MJC No.1728 of 2019(2) dt.27-04-2022 2/2 case stood dismissed for default and there is no fault of the petitioner as the same happened due to reasons beyond his control and due to communication gap with lawyer or for any other order or orders which this Hon'ble Court may deem fit and proper under the circumstances of this case."

CWJC no. 11090 of 2017 was dismissed for noncompliance of the order. For the reasons stated in the application and affidavit, order dated 13.09.2018 stands recalled while restoring CWJC No. 11090 of 2017.

Re-list CWJC No. 11090 of 2017 on 11.05.2022. The aforesaid petition stands allowed subject to payment of Rs.1,000/- (Rupees One Thousand) in the Patna High Court Legal Services Committee, Patna.

(P. B. Bajanthri, J) Ankit/- U