Allowed restoration of Civil Writ Jurisdiction Case No. 12267 of 2012 after recording that the respondent no. 5 had appeared in person, rendering previous notice orders irrelevant.
The present application for restoration of CWJC No. 12267 of 2012 is allowed; the case is placed for admission.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.2076 of 2013 In
Civil Writ Jurisdiction Case No. 12267 of 2012 ====================================================== Mahendra Yadav .... .... Petitioner/s Versus The State Of Bihar & Ors .... .... Respondent/s ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 3 09-10-2013 Heard counsel for the petitioner. Nobody appears on behalf of the opposite parties. The petitioner seeks restoration of CWJC No. 12267 of 2012 which stood rejected as against respondent no.5 for non compliance of the order dated 27.07.2012. By the said order notices were directed to be issued to respondent no.5 for which requisites were directed to be filed within a week.
Learned counsel submits that said respondent no.5 has already appeared on 01.01.2013 inasmuch as an interlocutory application bearing no. 5004 of 2013 has been filed on his behalf in the present case.
Considering the said facts the present application is allowed. The order directing issuance of notice on respondent no.5 lost it relevance in view of the fact that respondent no.5 has already appeared. CWJC No. 12267 of 2012 shall now be placed for Admission.
(Kishore Kumar Mandal, J)
HR/-
Mahendra Yadav
The State Of Bihar
Kishore Kumar Mandal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
