Patna High Court
Vijay Narayan SinghversusThe Union of India
- Decided
- Disposal
- ALLOWED
- Bench
- MOHIT KUMAR SHAH
Holding
The writ petition dismissed for non‑prosecution is restored to its original file.
Summary
The petitioner, Vijay Narayan Singh, filed a petition seeking restoration of a writ petition (C.W.J.C. No. 3442 of 2022) that had been dismissed for non‑prosecution on 09‑11‑2023. The petitioner argued that his counsel fell ill and could not attend the hearing, warranting a sympathetic consideration. The Court examined the circumstances, including the sudden illness of counsel and the petitioner's request for restoration. Finding the explanation satisfactory, the Court directed that the writ petition be restored to its original file. Consequently, the present petition for restoration was allowed.
Issues considered
- Whether a writ petition dismissed for non‑prosecution can be restored on the ground of counsel's illness
Subjects
- restoration of writ
- non‑prosecution
- civil writ jurisdiction
- procedural law
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.15 of 2024
In
Civil Writ Jurisdiction Case No.3442 of 2022
======================================================
Vijay Narayan Singh S/o Late Ramlakhan Singh C/o Dr. Basant Narayan
Sing, Daudbigha, Near Mahabir Mandir, Bahadurpur B.H. Colony, Patna,
Bihar.
... ... Petitioner/s
Versus
1. The Union of India through the Secretary, Ministry of Finance, New Delhi
2. The Secretary, Ministry of Finance, Government of India, New Delhi
3. The Secretary Ministry of Finance, Department of Financial Services, New
Delhi.
4. The Central Bank of India through the Chief Managing Director, Head
Office, Central Bank of India, Mumbai
5. The Chief Managing Director, Central Bank of India, Head Office, Mumbai.
6. The General Manager, Central Bank of India, Head Office, Mumbai
7. The Deputy General Manager, Central Bank of india, Ranchi
8. The Regional Manager, Central Bank of India, Muzaffarpur
9. The Sr. Branch Manager, Central Bank of India, Masrakh, Siwan, Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Bimlesh Kumar Jha, Advocate
For the Bank : Mr. Prabhakar Jha, Advoate
======================================================
CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
ORAL ORDER
3 16-01-2026 The present petition has been filed for
restoration of a writ petition bearing C.W.J.C. No.
3442 of 2022, which has stood dismissed for non-
prosecution vide order dated 09.11.2023.
2. The learned counsel for the petitioner has
submitted that the counsel for the petitioner had
fallen ill suddenly, hence the said counsel
Patna High Court MJC No.15 of 2024(3) dt.16-01-2026
2/2
could not attend the hearing of the case, when the
case was called out for hearing on 09.11.2023,
thus, a sympathetic view be taken and the
aforesaid petition be restored to its original file.
3. Having regard to the facts and circumstances
of the case, considering the submissions made by
the learned counsel for the petitioner as also
taking into account the averments made in the
present petition, I deem it fit and appropriate to
direct for restoration of the aforesaid writ petition
bearing C.W.J.C. No. 3442 of 2022 to its original
file.
4. The present petition stands allowed.
(Mohit Kumar Shah, J)
S.Sb/-
U
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