The Patna High Court allowed an application for restoration of Writ Jurisdiction Case No.7882 of 2014 which had been dismissed for default in appearance. The bench found the counsel's explanation of bereavement in the family to be a sufficient cause for the delay.
Writ Jurisdiction Case No.7882 of 2014 is restored 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.3561 of 2019
In
Civil Writ Jurisdiction Case No.7882 of 2014
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Bisundeo Yadav, Son of Shiv Charan Yadav, Resident of Village - Barari, P.O. and P.S. - Barari, District - Bhagalpur.
... ... Petitioner/s
Versus
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Anil Kumar Sinha, Advocate For the Opposite Party/s : Mr.Ajay, GA5
======================================================
CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER
2 12-10-2022 The application has been filled for restoration of
C.W.J.C. No. 7882 of 2014, which stood dismissed for default
in appearance on 28.01.2019, when the matter was taken up.
It is submitted that on account of bereavement in the
family of the learned counsel for the petitioner, he was prevented from coming to Court and ensuring attendance on call.
Patna High Court MJC No.3561 of 2019(2) dt.12-10-2022 2/2
Finding the said explanation to be a sufficient cause
for restoration, the Court would direct that C.W.J.C. No.7882 of
2014 be restored to its original file.
The restoration application stands allowed.
(Madhuresh Prasad, J)
shashank/-
U
1 issue framed by the court
Whether the explanation of bereavement preventing counsel appearance constitutes sufficient cause to restore the dismissed civil writ petition.
Bisundeo Yadav
State of Bihar
Bhagalpur Engineering College
Madhuresh Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
