Sunil Kumar Singh And ANR. v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.4733 of 2014 In Civil Writ Jurisdiction Case No.14874 of 2010 ====================================================== Sunil Kumar Singh and Anr.

... ... Petitioners

Versus

The State Of Bihar and Ors ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr.Md.Imteyaz Ahmad For the Opposite Party/s :

Mr.Santosh Kumar Jha Gp3 ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 07-08-2019 Heard learned counsel appearing for the petitioners as well as learned counsel appearing for the State. No one appears on behalf of opposite party nos. 2 to 6 though opposite party no. 2 has already filed his appearance by executing power in favour of his learned counsel whereas notice upon opposite party no. 5 has validly been served and so far as notices of opposite party nos. 3, 4 and 6 are concerned, the same have been published in the newspaper but in spite of that they did not choose to appear before the court.

This petition has been preferred for restoration of C.W.J.C. No. 14874 of 2010 which stood dismissed for default on 03.12.2014 due to non-prosecution.

Learned counsel appearing for the petitioners submits that C.W.J.C. No. 14874 of 2010 was listed on 03.12.2014 but

Patna High Court MJC No.4733 of 2014(10) dt.07-08-2019 2/2 unfortunately, list could not be marked as a result whereof, none appeared on behalf of the petitioners on 03.12.2014 resulting dismissal of C.W.J.C. No. 14874 of 2010 for non-prosecution. For the reasons stated in this petition, C.W.J.C. No. 14874 of 2010 is restored to its original number and accordingly, this restoration petition stands disposed of. (Hemant Kumar Srivastava, J) shahzad/- U