This oral order allowed a Miscellaneous Jurisdiction Case petition to restore a Labour Petition (L.P.A.) No. 179 of 2013 which was previously dismissed for non-prosecution. The court found genuine reasons for the petitioner's absence.
The M.J.C. petition is allowed and L.P.A. No. 179 of 2013 is restored to its original file and number.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.1445 of 2013 In
LPA 179 of 2013 ====================================================== Laxmi Kant Roy S/O Late Deoki Roy R/O Village - Mohalla, Laliahi, P.O. Jute Mill, P.O. Katihar Town, District - Katihar .... .... Petitioner/s Versus 1. The State Of Bihar Through Its Secretary 2. The Director Secetary Education Bihar, Patna 3. The Regional Deputy Director, Education Purnea, Division, Distt. - Purnea 4. The District Education Officer, Katihar
.... .... Opposite Parties
====================================================== Appearance : For the Petitioner : Mr. Mr. Anil Kumar Mishra, Advocate For the Opposite Parties : Mrs. Hansha Jha, A.C. to S.C. 17 ====================================================== CORAM: HONOURABLE MR. JUSTICE S.N. HUSSAIN and HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER (Per: HONOURABLE MR. JUSTICE S.N. HUSSAIN) 6 19-06-2013 This M.J.C. petition has been filed for restoration of L.P.A. No. 179 of 2013, which was dismissed for default due to non-prosecution as no one appeared when the case was called out for hearing in admission matter on 25.02.2013. Although learned counsel for the opposite parties vehemently opposes the contention of learned counsel for the petitioner, but from the averments made by learned counsel for the petitioner and the statements made in the petition, it appears that genuine reasons have shown, which prevented learned counsel for the appellant from appearing in Court on the said date.
Patna High Court MJC No.1445 of 2013 (6) dt.19-06-2013
Page 2
Accordingly, this M.J.C. petition is allowed and L.P.A.
No. 179 of 2013 is restored to its original file and number.
(S.N. Hussain, J)
MPS/- (Ahsanuddin Amanullah, J)
1 issue framed by the court
Whether the miscellaneous jurisdiction case petition seeking restoration of a lower court proceeding dismissed for default should be allowed.
Laxmi Kant Roy
The State Of Bihar
The Director Secetary Education Bihar
The Regional Deputy Director, Education Purnea
The District Education Officer, Katihar
S.N. Hussain
Ahsanuddin Amanullah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
