The Patna High Court allowed the petitioner's application to restore Civil Writ Jurisdiction Case No. 22340 of 2011, which had been dismissed for want of prosecution, accepting the illness of his spouse as sufficient ground.
Petition for restoration allowed; C.W.J.C. No. 22340 of 2011 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.619 of 2019 In
Civil Writ Jurisdiction Case No.22340 of 2011
======================================================
Md. Naseem, aged about 73 years, gender-male, S/o Late Md. Ayub Resident of Village- Sitakund Bardah, P.S- Naya Ram Nagar, District- Munger.
... ... Petitioner
Versus
... ... Respondents/Opposite Parties
====================================================== Appearance : For the Petitioner : Mr. Pritish Kumar Lal, Adv For the Opposite Parties : Mr. Raghwanand GA-11 ======================================================
CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER
3 20-04-2022
the writ petition bearing C.W.J.C. No. 22340 of 2011, which stood dismissed for want of prosecution vide order dated 24-07-2018.
It is submitted that on account of illness of his spouse, he was prevented from appearing in the writ Court when the matter was dismissed for default.
Learned counsel for the State is also present.
Having regard to the explanation furnished in the petition and the submission made in support thereof, this Court
Patna High Court MJC No.619 of 2019(3) dt.20-04-2022 2/2
would find sufficient grounds for allowing the restoration petition. The same is allowed.
Let C.W.J.C. No. 22340 of 2011 be restored to its
original file.
(Madhuresh Prasad, J)
shyambihari/-
U
2 issues framed by the court
Whether the petition for restoration of a writ petition previously dismissed for want of prosecution requires leave of the court.
Whether the illness of the petitioner's spouse constitutes sufficient ground for granting leave for restoration.
Md. Naseem
The State Of Bihar through Secretary, Forest and Environment Department, Govt. of Bihar, Patna
Madhuresh Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
