Rajendra Yadav v. Smt. Geeta Devi And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.1106 of 2018 In Civil Writ Jurisdiction Case No.9017 of 2012 ====================================================== Rajendra Yadav ... ... Petitioner/s
Versus
Smt. Geeta Devi and Ors ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shiva Shankar Sharma, Advocate.
For the Respondent/s :
Mr.
====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 16-01-2019 This application has been filed for restoration of C.W.J.C. No. 9017 of 2012, which stood dismissed due to noncompliance of peremptory order dated 09.09.2014, whereunder direction was given to issue notice to the respondents under ordinary process as well as registered cover with A/D to show cause as to why this writ application be not admitted for hearing or disposed of at the stage of admission itself, for which requisites etc. must be filed within two weeks. Learned counsel for the petitioner submits that, in fact, respondent nos. 1 to 4 are plaintiff-respondent whereas respondent nos. 5 to 17 are the defendants-respondents and due to mistake, only requisites in respect to respondent nos. 1 to 4 was filed within time, as respondent nos. 5 to 17 are not contesting respondents and prayed to comply the order dated
Patna High Court MJC No.1106 of 2018(4) dt.16-01-2019 2/2 09.09.2014 in totality within three weeks.
For the reasons assigned in the present application, C.W.J.C. No. 9017 of 2012 is restored to its original file and number, subject to filing the requisites for issuing the notices upon the respondent nos. 5 to 17 under both process within three weeks.
In the meantime, if the respondent nos. 5 to 17 will appear then there is no need to file the requisites in respect to respondent nos. 5 to 17.
Accordingly, this application stands disposed of in the aforesaid manner.
(Rajendra Kumar Mishra, J) Bhardwaj/- U