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Patna High CourtMJC/668/2018disposed

Bharat Prasad v. The State Of Bihar And ORS

2022-10-12Mr. Justice Ahsanuddin Amanullah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.668 of 2018 Arising out of Civil Writ Jurisdiction Case No.16378 of 2016 ====================================================== Bharat Prasad ... ... Petitioner/s

Versus

The State of Bihar and Ors.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ugranath Mallik, Advocate For the Opposite Party/s :

Ms. Silpa Singh, G.A. 12 ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 12-10-2022 Heard Mr. Ugranath Mallik, learned counsel for the petitioner.

2. The present application seeks recall of order dated 29.01.2018 by which CWJC No. 16378 of 2016 was dismissed.

3. Learned counsel for the petitioner submitted that on 29.01.2018 when the case was taken up and heard, since he had come after performing the last rights of his brother-in-law, he was not in a position to assist the Court leading to dismissal of the case.

4. Upon hearing learned counsel for the petitioner and going to the averments made in the application, the Court finds that a case has been made out for interference.

5. Accordingly, order dated 29.01.2018 stands recalled. CWJC No. 16378 of 2016 stands restored to its

Patna High Court MJC No.668 of 2018(3) dt.12-10-2022 2/2 original file and number.

6. The application stands disposed of.

(Ahsanuddin Amanullah, J) Anand Kr.

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