The High Court at Patna allowed an application seeking restoration of Civil Writ Jurisdiction Case No.4126 of 2014, which had been dismissed due to the petitioner's unavoidable indisposition preventing court attendance on the date of dismissal.
Restoration of Civil Writ Jurisdiction Case No.4126 of 2014 to its original file.
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.1157 of 2017
In
Civil Writ Jurisdiction Case No.4126 of 2014
======================================================
Laxmi Devi, wife of Late Dr. Ganesh Kumar, Resident of Village- Chiraiya Ghat Road Barmasia, P.S.- Giridih, District- Giridih (Jharkhand).
... ... Petitioner/s
Versus
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Raj Kumar, Advocate For the Respondent/s : Mr.S.D. Yadav - AAG-9 ======================================================
CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH
ORAL ORDER
4 02-01-2019
Heard learned counsel for the petitioner and learned counsel for the State.
This application has been filed by the petitioner for restoration of C.W.J.C. No.4126 of 2014, which stood dismissed for want of prosecution vide order dated 23.03.2017.
It is submitted by the learned counsel for the petitioner that since he was indisposed on 23.03.2017 and was confined to bed, he could not attend the court when the case was called out as a result of which the writ petition was dismissed for want of prosecution. It is further submitted that his nonappearance before the court was neither deliberate nor wilful
Patna High Court MJC No.1157 of 2017(4) dt.02-01-2019 2/2
rather the same occurred due to unavoidable and compelling reason. If the writ petition is not restored, the petitioner would suffer irrepairable injury for no fault on his part.
Learned counsel for the State does not oppose the prayer of the petitioner.
Considering the submissions made above, the application is allowed.
C.W.J.C. No.4126 of 2014 is directed to be restored to
its original file.
(Ashwani Kumar Singh, J)
Md. S/-
U
2 issues framed by the court
Whether the court can restore a Civil Writ Jurisdiction Case dismissed for want of prosecution due to the petitioner's indisposition and unavoidable reasons.
Whether the petitioner's non-appearance on the date of dismissal constitutes a deliberate or wilful default justifying the non-restoration of the case.
Laxmi Devi
The State of Bihar
The Secretary, Department of Health, Govt. of Bihar
The Director, Health Services, Govt. of Bihar
The Civil Surgeon, Jamui
The Director, Health Services, Jharkhand
Ashwani Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
