The petitioner sought restoration of a dismissed writ petition upon showing that defects were due to inadvertence and promising removal within three weeks. The Court allowed the petition and restored the file.
W.P(S) No. 3425/2017 is restored to its original file upon removal of defects within three weeks.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI C.M.P. No. 960 of 2019
Chitra Kumari .... Petitioner(s).
-Versus-
… Opp. Party(s).
CORAM : HON'BLE MR. JUSTICE ANANDA SEN . Through: Video Conferencing
For the Petitioner(s) : Mr. Ajit Kumar, Advocate. For the Opp. Parties. : A.C. to G.A. -II
03/11.12.2020: Counsel for the petitioner submits that due to inadvertence, the defects of WP(S) No. 3425 of 2017 could not be removed within peremptory time. He further submits that because of non-compliance of the peremptory order, WP(S) No. 3425 of 2017 was dismissed for non-prosecution. He lastly submits that within three weeks, he will remove the said defects.
Considering the aforesaid submissions, I am inclined to allow this petition. Accordingly, this petition is allowed . Consequently, W.P(S) No. 3425/2017 is restored to its original file.
However, learned counsel for the petitioner is directed to remove the said defects within three weeks.
(ANANDA SEN, J.)
Anu/C.P.-2
2 issues framed by the court
Whether to condone the failure to remove defects in a writ petition within peremptory time.
Whether to restore W.P(S) No. 3425 of 2017 to its original file.
Chitra Kumari
The State of Jharkhand
Principal Secretary, Human Resources Deptt.
Director, School Education and Literacy Deptt.
Ananda Sen
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
