The Rajasthan High Court allowed a restoration application filed due to inadvertent error by the petitioner's counsel that prevented listing. The writ petition was restored to its original case number following service of notices.
The restoration application was allowed and the writ petition was restored to its original number.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Writ Restoration No. 261/2017
Versus
----Respondents
For Petitioner(s) : Mr. R.K. Soni.
HON'BLE MR. JUSTICE SANGEET LODHA HON'BLE MR. JUSTICE DINESH MEHTA
Order
17/01/2019
Vide order dated 04.07.2018, the office was directed that restoration application be listed in the court after respondent No.1 is served.
As per office report dated 04.06.2018, notice of respondent No.1 is received duly served.
No notice was issued to respondent No.2, Central Administrative Tribunal, which is not the contesting respondent.
(2 of 2)
[WRES-261/2017]
Learned counsel appearing for the applicant submits that the matter was listed on 07.04.2017 for hearing, however, on account of inadvertent error on his part, the matter could not be marked.
We are of the opinion that in the interest of justice, the instant restoration application seeking restoration of CW No.4782/207, which stands dismissed for non-prosecution, deserves to be allowed.
Accordingly, the restoration application is allowed. The writ petition is restored to its original number.
(DINESH MEHTA),J
(SANGEET LODHA),J
15-DJ/-
1 issue framed by the court
Whether the writ petition should be restored to its original status after inadvertent failure to mark the matter for hearing.
Union Of India
Akeel Mohd Nayak
Sangeet Lodha
Dinesh Mehta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
