The court dismissed a restoration application filed by the registered clerk of an advocate, holding that only the party concerned has locus to file such an application. This was an oral order of dismissal.
Restoration application 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.3957 of 2016 In
Civil Writ Jurisdiction Case No. 11556 of 2012
====================================================== 1. Jagarnath Pd. Singh Son of Late Narshing Narain Singh resident of West Circuit House, Danibigha, P.S. Aurangabad, District- Aurangabad.
.... .... Petitioner/s
Versus
.... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Amitesh Kumar For the Respondent/s : Mr. AAG-15
====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER
3 02-08-2017 This application for restoration of C.W.J.C. No. 11556
of 2012, which was dismissed for want of prosecution on 10.11.2016, has been filed by the clerk of the Advocate concerned.
It is well settled that restoration application can only be filed by the party concerned and not by a stranger. The registered clerk of the Advocate has no locus to file restoration application.
The application is thoroughly misconceived. It is accordingly dismissed.
(Ashwani Kumar Singh, J)
Pradeep/-
U
2 issues framed by the court
Whether a registered clerk of an advocate has locus standi to file an application for restoration of a writ petition.
Whether an application for restoration filed by the clerk of an advocate is maintainable.
Jagarnath Pd. Singh
The State of Bihar
The District Superintendent of Education, Aurangabad
The District Provident Fund Officer, Aurangabad
The Head Master, Middle School, Bardiha Kesar
The Accountant General, Bihar
Ashwani Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
