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Patna High CourtMJC/1451/2017allowed

Arun Kumar And ORS v. The State Of Bihar And ORS

2018-09-11Mr. Justice Prabhat Kumar Jha1 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1451 of 2017 In Civil Writ Jurisdiction Case No. 22753 of 2013 ====================================================== Arun Kumar & Ors .... .... Petitioner/s

Versus

The State of Bihar & Ors .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ansul For the Respondent/s : Mr. Md. Khurshid Alam - AAG 12 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 11-09-2018 Heard both sides.

This petition is filed for restoration of CWJC No. 22753 of 2013 which was dismissed for want of prosecution vide order dated 22.12.2015.

The learned counsel for the petitioners submits that due to mistake of the advocate clerk the aforesaid case could not be marked in the daily cause list. The case was listed before Hon'ble Mr. Justice Birendra Prasad Verma but on account of his fault the case remained unattended. Consequently, CWJC No. 22753 of 2013 was dismissed for want of prosecution. Taking into consideration the facts aforesaid and the submission made by the petitioners, this MJC is allowed and CWJC No. 22753 of 2013 is restored to its original file. (Prabhat Kumar Jha, J) BKS/- U