The Court dismissed the petition to restore a writ application previously dismissed for default at second hearing, holding that such dismissal does not create res judicata but declining the restoration request in this application. Quality: thin.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.790 of 2014 In
Civil Writ Jurisdiction Case No. 12329 of 2003
====================================================== Prem Kumar Singh Son of Sri Rama Nand Singh resident of Village Chaira, P.S. Shilao, District Nalanda, present peon in the Human Resources Development Department (Education Department), Govt. of Bihar, New Secretariat, Patna.
.... .... Petitioner Versus 1. The State of Bihar.
For the Petitioner : Mrs. Madhuri Lata, Advocate For Opposite Parties : Mr. Kinkar Kumar, SC 27
====================================================== CORAM: HONOURABLE MR. JUSTICE JAYANANDAN SINGH ORAL ORDER
2 02-07-2014 The writ application was second time dismissed for default. Hence, this is second attempt on the part of the petitioner to restore the writ application.
Dismissal of a writ application in default does not operate as res judicata. Petitioner is at liberty to file a fresh writ application.
This application is dismissed.
(Jayanandan Singh, J)
B.T/U
1 issue framed by the court
Whether a writ application dismissed for default operates as res judicata precluding a fresh application.
Prem Kumar Singh
The State of Bihar
Jayanandan Singh
As recorded by the court registry
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