Single judge allowed restoration of a civil writ petition dismissed for want of prosecution due to counsel's illness and death.
CWJC No. 15800 of 2015 is directed to be restored to its original file.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.1139 of 2018
In
Civil Writ Jurisdiction Case No.15800 of 2015
======================================================
Sasaram Bhabhua Central Co Operative Bank Ltd. Sasaram, District- Rohtas, through its Managing Director.
... ... Petitioner
... ... Opposite Parties
====================================================== Appearance : For the Petitioner : Mr. Bindhyachal Rai For the Opposite Parties : Mr. Raj Ballabh Prasad Yadav ======================================================
CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER
4 19-02-2020 This application has been filed on behalf of the petitioner for restoration of CWJC No. 15800 of 2015, which was dismissed for want of prosecution vide order dated 11.10.2017.
It is submitted by the learned counsel for the petitioner that Mr. Ishwari Singh was the lawyer conducting the case of the petitioner. He had fallen seriously ill. He did not attend the Court proceeding on 11.10.2017 due to unavoidable and compelling medical reasons. As a result of his nonappearance, the case got dismissed for want of prosecution. It is further contended that subsequently the then counsel conducting
Patna High Court MJC No.1139 of 2018(4) dt.19-02-2020 2/2
the case died and another counsel has been appointed to conduct the case.
Learned counsel for the State does not oppose the application preferred on behalf of the petitioner for restoration of the writ petition.
On the facts and in the circumstances of the case, the application is allowed. CWJC No. 15800 of 2015 is directed to be restored to its original file.
(Ashwani Kumar Singh, J)
Pradeep/-
U
Sasaram Bhabhua Central Co Operative Bank Ltd.
The State Of Bihar
Dinesh Prasad Verma
Ashwani Kumar Singh
As recorded by the court registry
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