✦ Patna High Court

Smt. Kunti Devi & Anr. v. The State Of Bihar & Ors.

PATNA MISCELLANEOUS JURISDICTION CASE No. 3709 of 2009KISHORE KUMAR

Case at a glance

Bench
KISHORE KUMAR

Judgment

CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 2 04-03-2013 Heard learned counsel for the petitioner and AC to AAG-11 for the State. Receipts showing service of copies of restoration application as well as the connected writ petition have been filed which are kept on record. The writ petition was listed for consideration on

4.2.2009 when it was dismissed for want of prosecution. The restoration application was filed on 25.11.2009. Learned counsel for the petitioner with reference to statement(s) made the application explains circumstances under which he could not present himself on call. It is also submitted that in case of non restoration of the writ petition the petitioner would suffer enormously. Having heard the parties, this court, in the light of the explanations set out in the application and the submissions made Patna High Court MJC No.3709 of 2009 (2) dt.04-03-2013 Page 2 /2 in support thereof, is inclined to allow this application. It is, accordingly, allowed. Order dated 4.2.2009 passed in CWJC No. 15930 of 2008 is recalled and the case is restored to its original file and number subject to deposit of a sum of Rs. 500/- ( five hundred) with the Patna High Court Legal Aid Committee and filing receipt thereof within ten days. (Kishore Kumar Mandal, J) Shyam/-

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