This order quashes an earlier dismissal of a writ petition due to non-prosecution caused by the advocate's sudden illness. The court allowed the restoration of the writ petition (CWJC No.6091 of 2022) to its original file, dispensing with the requirement to raise a fresh cause title.
Restoration of writ petition CWJC No.6091 of 2022 to its original file.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.671 of 2023 In
Civil Writ Jurisdiction Case No.6091 of 2022
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... ... Petitioner/s
Versus
Neha Kumari D/o Parshuram Singh, Resident of Village-Darhatta, P.O. Medanipur Barahiya, P.S.-Kurtha, District-Arwal.
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr.Nagendra Kumar Singh, Advocate For the Opposite Party/s : Mr.
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CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER
a writ petition bearing CWJC No.6091 of 2022, which has stood dismissed on account of non-prosecution, by an order dated 20.12.2022.
submitted that the counsel for the petitioner had fallen ill suddenly and therefore, he could not attend the hearing of the case, when the case was called out for hearing on 20.12.2022, thus, a sympathetic view be taken and the aforesaid writ petition petition be restored to its original file.
Patna High Court MJC No.671 of 2023(2) dt.24-11-2023 2/2
learned counsel for the petitioners as also considering the averments made in the present petition, I deem it fit and proper to restore the aforesaid writ petition bearing CWJC No.6091 of
2022, to its original file.
(Mohit Kumar Shah, J)
Saurav/-
U
1 issue framed by the court
Whether the writ petition dismissed for non-prosecution should be allowed to be restored on grounds of the advocate's sudden illness.
Smt. Raj Kumari Devi
Robind Singh @_ Randhir Prasad Singh
Neha Kumari
Mohit Kumar Shah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
