The Patna High Court allowed a restoration petition to restore Civil Writ Jurisdiction Case No. 8868 of 2020, which was dismissed due to non-prosecution caused by poor internet connectivity during a video conference hearing.
Restoration of Civil Writ Jurisdiction Case No. 8868 of 2020 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.2328 of 2022
In
Civil Writ Jurisdiction Case No.8868 of 2020
======================================================
M/s Rajendra Singh and Brothers (A Partnership Firm), through its partner Seema Singh, age- 41 Years D/o Singh C/o Pramila Singh, Ratu Road, Badri Narayan Bhavan, P.S.- Hehal, Dist- Ranchi, Jharkhand- 834005 and local office at Rajendra Bhavan, Jay Prakash Path, Dumra Road, P.O.- Sitamarhi, P.S.- Mehsaul, Dist- Sitamarhi- 843302.
... ... Petitioner/s
Versus
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Ms.Usha Kumari, Advocate For the Opposite Party/s : Mr.Uday Shankar Sharan Singh (Gp19) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH and HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER
(Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH)
2 26-04-2023 The present petition has been filed for restoration of a writ petition bearing CWJC No. 8868 of 2020, which has stood dismissed on account of non-prosecution by an order dated 18.02.2022.
Patna High Court MJC No.2328 of 2022(2) dt.26-04-2023 2/2
The learned counsel for the petitioner submits that on account of poor internet connectivity, he could not connect, when the aforesaid writ petition was being heard through video conferencing, hence, the aforesaid writ petition was dismissed on account of nonprosecution, however, a sympathetic view be taken and the aforesaid writ petition be restored to its original file.
Having regard to the submission made by the learned counsel for the petitioner as also considering the averments made in the present petition, we deem it fit and proper to restore the aforesaid writ petition bearing CWJC No.8868 of 2020 to its original file.
The present restoration petition stands allowed.
(Mohit Kumar Shah, J)
( Shailendra Singh, J)
kanchan/-
U
2 issues framed by the court
Whether writ petition dismissed for non-prosecution on account of video conferencing connectivity issues can be restored.
Whether a sympathetic view can be taken for restoration of a writ petition due to internet failure during video hearing.
M/s Rajendra Singh and Brothers
The State of Bihar
MOHIT KUMAR SHAH
SHAILENDRA SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
