This order dismissed a restoration application seeking to admit a default-dismissed writ petition. The court clarified that such a dismissal does not create res judicata, allowing the petitioner to file a fresh application.
Restoration application dismissed; Petitioner allowed to file fresh application.
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Patna High Court MJC No.3853 of 2013 (2) dt.11-12-2013
IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.3853 of 2013
In Civil Writ Jurisdiction Case No. 7787 of 2013
====================================================== Jadish Sah
.... .... Petitioner/s Versus The State Of Bihar & Ors .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Rajeev Ranjan No.Ii For the Respondent/s : Mr. V.M.K Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE JAYANANDAN SINGH ORAL ORDER 2 11-12-2013 This restoration application has been filed for restoration of the writ application which stands dismissed for default on account of non-appearance of learned counsel for the petitioner on two dates.
Dismissal of the writ application in default does not operate as res judicata. Petitioner will be at liberty to file a fresh writ application.
The restoration application is dismissed.
Arvind/-
(Jayanandan Singh, J)
1 issue framed by the court
Whether a writ application dismissed for default can be restored or if a fresh application should be filed?
Jadish Sah
The State Of Bihar
Jayanandan Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
