Secy.,P.H.School v. State
Case brief
What is this about?
Petitioner absent in 2019. Court dismissed 1999 petition for non-prosecution, deeming notice futile due to lapse, but granted liberty to revive within thirty days if cause of action survives.
What did the court decide?
Liberty granted to revive the writ petition within thirty days if the cause of action survives.
What the court decided
OJC NO.1616 OF 1999
- 01.05.2019 None appears for the petitioner when the matter is called.
Though the matter is pending since 1999 no notice is issued. It would be futile to issue notice after lapse of such considerable period.
Accordingly, the writ petition stands dismissed for non-prosecution. However, liberty is given to the petitioner to revive this petition within thirty days, if the cause of action still survives.
……..………………… K.S. JHAVERI (CHIEF JUSTICE)
……..…………………… K.R. MOHAPATRA (JUDGE)
ss
Issues for consideration
3 issues framed by the court
Whether the writ petition should be dismissed for non-prosecution after a lapse of considerable period without notice being issued.
Whether the petitioner should be granted liberty to revive the petition within thirty days.
Whether the cause of action still survives the lapse of time.
Parties & counsel
- petitioner
PETITIONER
- respondent
RESPONDENT
Coram
K.S. JHAVERI
Case details
As recorded by the court registry
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