Court allowed Current Miscellaneous Appeal for restoration of a writ petition previously dismissed thrice for non-prosecution, recalling the dismissal order upon hearing counsel.
Recall of the order dated 31.07.2018; restoration of W.P.(C) No. 2448 of 2011; allowance of CMAPL No. 14 of 2019.
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CMAPL No. 14 of 2019
06 21.08.2019
This CMAPL has been filed for restoration of W.P.(C) No. 2448 of 2011 which has been dismissed for non-prosecution vide order dated 31.07.2018.
Heard Mr. D. Chhotray, learned counsel for the petitioner and Miss S.L. Patanaik, learned counsel for opposite parties no.1, 3 and 4.
Miss S.L. Patanaik, learned counsel for opposite parties no.1, 3 and 4 vehemently objected for restoration of W.P.(C) No. 2448 of 2011 stating that learned counsel for the petitioner is not consistently appearing for the petitioner for which the said writ petition has been dismissed thrice for non-prosecution.
Considering the grounds stated in the petition and after hearing learned counsel for the parties, the order dated 31.07.2018 is hereby recalled and W.P.(C) No. 2448 of 2011 is restored to its original number.
Accordingly, the CMAPL is allowed.
��������� Dr. B.R. Sarangi,J.
Alok
1 issue framed by the court
Whether a writ petition dismissed for non-prosecution should be restored upon application.
Petitioner
Opposite parties no.1, 3 and 4
Dr. B.R. Sarangi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
