In a miscellaneous jurisdiction case, the Patna High Court dismissed an application for restoration of a previously dismissed restoration application due to lack of sufficient cause and apparent carelessness by the petitioners.
The application for restoration stood dismissed.
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.
IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.88 of 2016
In
Miscellaneous Jurisdiction Case No. 2395 of 2015
In
Civil Writ Jurisdiction Case No. 15143 of 2008
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Both sons of Late Jamal Minya and are resident of Vill- Uman Tola, Badha Dower , P.S Immamgunj- Kothi Dist.- Gaya.
.... .... Petitioner/s
Versus
.... .... Opposite Parties/s
======================================================
Appearance :
For the Petitioner/s : Mr. Upendra Prasad II, Advocate For the Opp.Party Nos. 1 to 4 : Mr. GP 27
====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER
The present MJC application has been filed for restoration of MJC No. 2395 of 2015, which stood dismissed for want of prosecution by order dated 02.12.2015.
Aforesaid MJC No. 2395 of 2015 was filed for restoration of CWJC No. 15143 of 2008, which also stood dismissed for want of prosecution by order dated 03.08.2015.
From the facts noticed above, it is apparent that the writ petition filed on behalf of the petitioners was dismissed for default. Restoration application filed on behalf of the petitioners was also dismissed for default. In the present MJC application seeking restoration of the aforesaid restoration application, no
Patna High Court MJC No.88 of 2016 (2) dt.28-09-2016
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cause muchless sufficient cause has been shown for restoration of aforesaid MJC No. 2395 of 2015. Apparently, the petitioners are very careless and casual in their approach in prosecuting their litigations.
In above view of the matter, this Court is not inclined to accede to the prayer made on behalf of the petitioners in the present MJC application.
The present MJC application thus stands dismissed.
(Birendra Prasad Verma, J)
Tahir/-
U
Yakub Miyan and Md. Mustak
The State of Bihar
MD. Mustak
Birendra Prasad Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
