Petition for restoration of W.P. (C) No. 1957 of 2017 dismissed for non-prosecution due to counsel's illness. The court restored the writ petition to its original file at the pre-dismissal stage and directed listing before the appropriate bench after a week.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI CMP No. 417 of 2024
Sarswati Devi … Petitioner
Versus The State of Jharkhand & Anr. … Opp. Parties
Coram: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
For the Petitioner : Mr. Manisha Srivastava , Adv. For the State : Ms. Sweety Topno, Adv. Mr. A.R. Kiskoo , Adv.
03 / 23.08.2024 Heard the parties.
This civil miscellaneous petition has been filed at the instance of the petitioners for restoration of W.P. (C) No. 1957 of 2017 to its original file.
Learned counsel for the petitioner submits that the W.P. (C) No. 1957 of 2017 was dismissed for nonprosecution vide order dated 09.01.2024. Learned counsel for the petitioners submits that as the conducting counsel for the petitioner was suffering from fever, hence he could not appear when the case was called out, which resulted in dismissal of the W.P. (C) No. 1957 of 2017. It is further submitted that the petitioner has very good grounds to agitate in W.P. (C) No. 1957 of 2017 and unless the same is restored to its original file, the petitioner will be highly prejudiced. Hence, it is submitted that W.P. (C) No. 1957 of 2017 be restored to its original file.
Learned Addl. P.P. has no serious objection for the prayer of restoration.
Considering the aforesaid submission of the learned counsel for the petitioner, W.P. (C) No. 1957 of 2017 is restored to its original file to the stage, at which, it was before its dismissal.
List W.P. (C) No. 1957 of 2017 before the appropriate bench after a week.
This civil miscellaneous petition is disposed of accordingly.
(ANIL KUMAR CHOUDHARY, J.)
Smita/-
Sarswati Devi
The State of Jharkhand
Anil Kumar Choudhary
As recorded by the court registry
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