Abdul Aziz @ Md. Aziz v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.470 of 2017 In Civil Writ Jurisdiction Case No. 9134 of 2007 ====================================================== Abdul Aziz @ Md. Aziz .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Md. Najmul Hodda For the State : Mr. Md. Khurshid Alam (AAG 12) For respondent No.4 : Mr. Ratan Kumar Kunwar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 24-01-2018 Heard both sides.

This petition has been filed for restoration of CWJC No. 9134 of 2007 which was dismissed for want of prosecution vide order dated 23.08.2016.

The learned counsel for the petitioners submits that the arguing counsel fell ill on account of chest pain and therefore he could not appear in court and consequently the writ petition was dismissed.

The learned counsel appearing for respondent No.4 opposed the prayer for restoration.

Considering the reasons for not appearing in the case, the restoration petition is allowed and CWJC No. 9134 of 2007 is restored to its original file.

(Prabhat Kumar Jha, J) BKS/- U