Sarswati Devi v. The State of Bihar and Ors.
Case brief
What is this about?
MJC 444/2019 Patna High Court (order dt. 13-03-2024, Justice Rajiv Roy) — restoration application for MJC 3505/2017 (Sarswati Devi v. State of Bihar et al., Marhowrah/Saran-Chapra) dismissed for default for non-compliance of peremptory order dated 25.07.2018 (co-ordinate bench, Dinesh Kumar Singh J.); sole petitioner died in pendency; restoration refused; heirs directed to appropriate authority for encroachment removal; petition stands abated. Keywords: restoration, dismissal for default, peremptory order, abatement on death of sole petitioner, encroachment removal.
What did the court decide?
As the sole petitioner had died during the pendency of the restoration petition, this Court did not deem it fit and proper to restore M.J.C. No. 3505 of 2017. ¶¶25