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Patna High CourtMJC/1787/2015allowed

Umesh Ram v. The State Of Bihar And ORS

2015-08-19Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No. 1787 of 2015 In Civil Writ Jurisdiction Case No. 52 of 2012 ====================================================== Umesh Ram .... .... Petitioner/s

Versus

The State of Bihar & Ors .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Hans Lal Kumar For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.

19-08-2015 Heard.

The present petition has been filed with a prayer to restore C.W.J.C. No. 52 of 2012, which stood dismissed due to non-compliance of peremptory order dated 05-01-2012. By the said order, while directing for issuance of notice to respondent no. 8 and 9 by both process i.e. ordinary as well as registered cover, it was directed that requisites must be filed within ten days. Since requisites were not filed within time, the petition stood dismissed. In the present petition, it has been indicated that requisites were filed on 17-01-2012 instead of 16-01-2012. The reason for filing requisites belatedly has been explained as bona fide mistake.

In view of the facts and circumstances, the restoration petition stands allowed.

Patna High Court MJC No.1787 of 2015 (2) dt.19-08-2015 2/2 Let C.W.J.C. No. 52 of 2012 be restored to its original file.

Office is required to utilize the requisites, if available on record.

(Rakesh Kumar, J.) Anay U