The Patna High Court disposed of a restoration application for a writ petition dismissed in default. It observed that default dismissal does not bar a fresh petition but dismissed the restoration due to the petitioner's non-appearance.
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.
Patna High Court MJC No.1067 of 2014 (2) dt.16-07-2014
IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.1067 of 2014
In
Civil Writ Jurisdiction Case No. 4043 of 2008
| ====================================================== 1. Navin Kumar S/O Ram Tapeshwar Resident of Village + P.O. Rahna Tulsiyahi, P.S. Bihra, District Saharsa. .... .... Petitioner/s Versus 1. The State of Bihar 2. The Secretary, Department of Education, Govt. of Bihar, New Secretariat, Patna. 3. Director, Department of Primary Education, Govt. of Bihar, New Secretariate, Patna. 4. District Superintendent of Education, Saharsa. .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Brahmadeo Prasad Singh For the Respondent/s : Mr. Ajay Bihari Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE JAYANANDAN SINGH ORAL ORDER |
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| 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.
(Jayanandan Singh, J)
U
2 issues framed by the court
Whether the dismissal of a writ application in default operates as res judicata.
Whether the restoration application for a default-dismissed writ petition should be granted.
Navin Kumar
The State of Bihar
The Secretary, Department of Education, Govt. of Bihar
Director, Department of Primary Education, Govt. of Bihar
District Superintendent of Education, Saharsa
Jayanandan Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
