This is a miscellaneous application for restoration of a contempt application dismissed for default. The court observed that dismissal for default does not operate as res judicata and noted the petitioner may file a fresh application.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.864 of 2014 In
Miscellaneous Jurisdiction Case No. 1187 of 2013
====================================================== Prof. (Dr.) Bimla Chaudhary aged about 70 years, wife of Sri K.N. Chaudhary, Resident of Village Lagma, Ram Bahadurpur, Police Station Saketpur, District- Darbhanga .... .... Petitioner Versus 1. The State of Bihar through Mr. Amarjeet Sinha, Principal Secretary through Education Government of Bihar, Patna 2. Sri Arun Kumar, the Vice Chancellor, Magadh University, Bodh Gaya 3. Sri D.K. Yadav, the Registrar Magadh University, Bodh Gaya 4. Mr. Dinesh Kumar Sinha, the Finance Officer, Magadh University, Bodh Gaya 5. Sri Srikant Sharma, Principal Gaya College, Gaya
.... .... Opposite Parties ====================================================== Appearance : For the Petitioner : Mr. Virendra Prasad, Advocate For Opposite Parties : Mr. Hansraj, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE JAYANANDAN SINGH ORAL ORDER 3 02-07-2014 This application has been filed for restoration of the contempt application bearing M.J.C. No.1187 of 2013 which stood dismissed for default on 22.01.2014. Dismissal of a contempt application in default does not operate as res judicata. Petitioner is at liberty to file a fresh contempt application. This application is dismissed.
(Jayanandan Singh, J)
B.T/U
1 issue framed by the court
Whether a petitioner can file a fresh contempt application after a previous one was dismissed for default without operating as res judicata
Prof. (Dr.) Bimla Chaudhary
State of Bihar
Arun Kumar
D.K. Yadav
Dinesh Kumar Sinha
Srikant Sharma
Jayanandan Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
