Krishna Kumar Gupta v. Most. Karuna Devi

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.4539 of 2024 In CIVIL MISCELLANEOUS JURISDICTION No.245 of 2017 ====================================================== Krishna Kumar Gupta ... ... Petitioner/s

Versus

Most. Karuna Devi & Ors.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Gopal Tiwari, Advocate For the Opposite Party/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 05-03-2025 Heard learned counsel for the petitioner.

2. This petition has been filed for restoration of Civil Misc. Case No.245 of 2017, which stood dismissed for nonprosecution on 10.12.2024.

3. On being satisfied with the reasons mentioned in this petition explaining omission on part of the petitioner, the same is allowed and Civil Misc. Case No.245 of 2017 is restored to its original file.

4. However, perusal of record of Civil Misc. No.245 of 2017 shows cause title needs correction as the original respondent has been inserted as petitioner no.2, whereas name of the said respondent stood expunged vide order dated 22.10.2024 and his heirs/legal representatives have been substituted in his place.

Patna High Court MJC No.4539 of 2024(3) dt.05-03-2025 2/2

5. In such view of the matter, office is directed to make necessary correction in the cause title of Civil Misc. No. 245 of 2017.

6. Further, whoever has made the cause title entry has committed an error in inserting the name of deceased respondent as the petitioner no.2 and due to such negligence, cause title has been changed.

7. Under the aforesaid circumstances, let an explanation be called for from the concerned official for committing such type of negligence.

8. The explanation must be submitted on or before the next date of hearing of Civil Misc. No.245 of 2017. (Arun Kumar Jha, J) V.K.Pandey/- U