Single judge oral order dismissing a restoration application noting petitioner's default. Court clarifies that default dismissal bars no fresh writ petition due to non-res judicata principle.
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Patna High Court MJC No.1064 of 2014 (2) dt.16-07-2014
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.1064 of 2014
In
Civil Writ Jurisdiction Case No. 3879 of 2008
====================================================== 1. Bhupal Sah S/O Rameshwar Sah Resident of Village Bishanpur, P.S. Sonbargha Kachery District Saharsa. .... .... Petitioner Versus 1. The State of Bihar 2. The Secretary, Department of Education, Govt. of Bihar, New Secretariate, Patna. 3. Director, Department of Primary Education, Govt. of Bihar, New Secretariate, Patna. 4. District Superintendent of Education, Saharsa. .... .... Respondents ====================================================== Appearance : For the Petitioner/s : Mr. Brahmadeo Prasad Singh For the Respondent/s : Mr. Manikant Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE JAYANANDAN SINGH ORAL ORDER 2 16-07-2014 This application is for restoration of the writ application which was dismissed on account of non-appearance of learned counsel for the petitioner on two dates. Learned counsel for the State is present. Today also learned counsel for the petitioner is not present to press this application. The dismissal of a 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)
U
Bhupal Sah S/O Rameshwar Sah
The State of Bihar
The Secretary, Department of Education
Director, Department of Primary Education
District Superintendent of Education, Saharsa
Jayanandan Singh
As recorded by the court registry
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