Smt. Paspati Devi And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1914 of 2015 In Civil Writ Jurisdiction Case No. 1274 of 2008 ====================================================== Smt. Paspati Devi & Ors .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ratan Kumar For the Respondent/s : MrAC to GA-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 09-09-2015 Heard Sri Ratan Kumar, learned counsel for the petitioners and learned AC to GA-5.

The present petition has been filed by legal heirs of deceased petitioner of C.W.J.C.No.1274 of 2008, which stood dismissed on 19.03.2015 due to non-prosecution. Learned counsel for the petitioners submits that after demise of original petitioner, an Interlocutory Application i.e. I.A. No. 4880 of 2011 was filed for substituting legal heirs of the sole petitioner, who died on 31.05.2011. However, during pendency of the said Interlocutory Application, the writ petition stood dismissed. The reason has been assigned by learned counsel for the petitioners in the present petition for non-appearance. The reason assigned is sufficient to persuade the Court to allow the present petition. Accordingly, restoration petition is allowed.

Patna High Court MJC No.1914 of 2015 (2) dt.09-09-2015 2/2 Let C.W.J.C.No.1274 of 2008 be restored to its original file.

(Rakesh Kumar, J) NKS/- U