Sri Kishun Raut v. Anil Kumar Singh And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.4360 of 2018 In Civil Writ Jurisdiction Case No.13808 of 2013 ====================================================== Sri Kishun Raut ... Petitioner

Versus

Anil Kumar Singh and Ors.

... Opposite Parties ====================================================== Appearance :

For the Petitioner :

Mr. Jitendra Kishore Verma, Adv.

For the Opposite Parties :

Mr.

====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 18-04-2019 Heard learned counsel for the petitioner.

Petitioner seeks restoration of C.W.J.C. No. 13808 of 2013, which was dismissed for default on 25.10.2018, to be restored to its original file.

By order, dated 13.04.2018, the petitioner was directed to take steps for fresh service of notice on respondents 2 to 4 within two weeks and also file an affidavit showing jointness of respondents 5 and 6, but, compliance was done till the matter was taken up on 25.10.2018.

Learned counsel for the petitioner submits that he failed to mark the list on 13.04.2018 and could not reach the Court on time on 25.10.2018, hence, due to mistake, which was inadvertent and unintentional, the petitioner prays for restoration of the writ application.

Considering the submissions, made in paragraphs 4 and 5 of the present application, C.W.J.C. No. 13808 of 2013

Patna High Court MJC No.4360 of 2018(2) dt.18-04-2019 2/2 will be restored to its original file, if the petitioner complies the order, dated 13.04.2018, within a week.

List the matter on 29th of April, 2019, under the heading "To Be Mentioned".

(Nilu Agrawal, J) Shamshad/- U