Single judge dismissed a miscellaneous application seeking restoration of a civil writ petition. The court noted the petitioner's repeated failures to appear without valid justification and refused to accede to the prayer.
The restoration application of Civil Writ Jurisdiction Case No. 15444 of 2008 was 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.1279 of 2017
In
Civil Writ Jurisdiction Case No. 15444 of 2008
====================================================== Sidheshwar Prasad Singh, S/o Late Ram Bachan Singh, resident of VillageChandi, P.S.- Chandi, District- Bhojpur (Ara)
.... .... Petitioner
Versus
.... .... Opposite Parties ====================================================== Appearance : For the Petitioner/s : Mr. Amresh Kumar Sinha For the Respondent/s : Mr. Prabhat Kumar Verma - Aag 3
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER
2 02-08-2017 This application has been filed for restoration of C.W.J.C. No. 15444 of 2008, which stood dismissed for want of prosecution vide order dated 09th November, 2016.
It would be manifest from the record that the writ petition was filed on 15th October, 2008. When it was taken up on 29th November, 2011, no body appeared on behalf of the petitioner either to press the petition or to make a request for adjournment. However, the matter was adjourned to 30th November, 2011. On 30th November, 2011 also, no body appeared to press the application. Hence, the writ petition was dismissed for want of prosecution.
Patna High Court MJC No.1279 of 2017 (2) dt.02-08-2017
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Thereafter, a restoration application was filed vide MJC No. 5859 of 2011. When the restoration application was taken up on 17th April, 2013, again no body appeared to press the restoration application. However, the case was adjourned. On the next date, i.e. 24th July, 2013 when MJC No. 5859 of 2011 was taken up, the lawyer for the petitioner failed to appear and, hence, the restoration application was dismissed for want of prosecution.
Subsequently another application vide MJC No. 1420 of 2016 was filed for restoration of MJC No. 5859 of 2011, which was allowed by this Court vide order dated 17th August, 2016. Thereafter the said MJC No. 5859 of 2011 was heard and C.W.J.C. No. 15444 of 2008 was directed to be restored to its original file vide order dated 21st September, 2016.
Once again when the writ petition (C.W.J.C. No. 15444 of 2008) was taken up for hearing on 9th November, 2016, despite repeated calls, no body appeared on behalf of the petitioner to press the petition and, hence, the writ petition was dismissed for want of prosecution. After dismissal of the writ petition on 9th November, 2016, the instant MJC application has been filed on 25th April, 2017 for restoration of C.W.J.C. No. 15444 of 2008.
It is submitted by the learned counsel for the petitioner that on the appointed day the petitioner could not mark the list and
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thus he could not pursue the matter as a result of which the application has been dismissed for want of prosecution.
Regard being had to the manner in which the writ petition has been conducted, I am not inclined to accede to the prayer made in the present application. The ground taken by the petitioner for seeking restoration of the writ petition does not inspire confidence.
Accordingly, the restoration application is dismissed.
(Ashwani Kumar Singh, J)
Pradeep/-
U
2 issues framed by the court
Whether the restoration of a writ petition dismissed for want of prosecution should be allowed when the petitioner failed to appear without a valid excuse.
Whether the ground taken by the petitioner for seeking restoration inspires confidence given the manner in which the writ petition was conducted.
Sidheshwar Prasad Singh
The State of Bihar
The Director General of Police, Patna
The Zonal Inspector General of Police, Patna
The Deputy Inspector General of Police, Patna
The Senior Superintendent of Police, Patna
Ashwani Kumar Singh
As recorded by the court registry
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