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Patna High Court

Vijay Narayan SinghversusThe Union of India

Decided
Disposal
ALLOWED

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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