Santosh Kumar And ANR v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.721 of 2017 In Miscellaneous Jurisdiction Case No. 4131 of 2014 ====================================================== Santosh Kumar & Anr .... .... Petitioners

Versus

The State of Bihar & Ors .... .... Opp.Parties.

====================================================== Appearance :

For the Petitioner/s : Mr. Utsav Kumar For the Respondent/s : Mr. AC to AAG-15 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 26-04-2017 Heard Sri Utsav Kumar, learned counsel for the petitioners and learned AC to Addl. Advocate General no.15. The present restoration petition has been filed for restoration of M.J.C.No. 4131 of 2014. M.J.C.No.4131 of 2014 was filed for restoration of Civil Review No.22 of 2011, which stood dismissed due to non-compliance of peremptory order. Learned counsel for the petitioners has drawn my attention to paragraph-5 of the petition to show the reason for nonappearance in the earlier restoration petition. It has been stated that the daily cause list was not marked and as such, none appeared, whereas considering the fact that the main petition was filed for review of order passed in a writ petition, which stood dismissed due to non-compliance of peremptory order. Thereafter, restoration petition was filed, which was dismissed due to non-

Patna High Court MJC No.721 of 2017 (2) dt.26-04-2017 2/2 prosecution and now the present petition has been filed for restoration of earlier restoration petition.

The ground, which has been stated in the petition, is not sufficient to persuade the Court for recalling its earlier order. The restoration petition stands dismissed.

(Rakesh Kumar, J) NKS/- U