Patna High Court
Md. Wasim UddinversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
Holding
The appeal (L.P.A. No. 711 of 2019) is restored to its original file.
Summary
The petitioner, Md. Wasim Uddin, filed a petition under the Letters Patent to restore an appeal (L.P.A. No. 711 of 2019) that had been dismissed on 17 May 2022 for want of prosecution. The petitioner’s counsel, Mr. Nazir Alam, explained that he fell suddenly ill and was therefore unable to attend the hearing on the said date. The court considered the counsel’s illness and the petitioner’s request for a sympathetic approach. It held that the circumstances justified reinstating the appeal to its original file. Consequently, the restoration petition was allowed, and the appeal was restored.
Issues considered
- What is the appropriate remedy when an appeal is dismissed for want of prosecution?
- Does the sudden illness of counsel constitute sufficient cause to restore a dismissed appeal?
Subjects
- restoration of appeal
- want of prosecution
- letters patent appeal
- procedural law
- high court
- sympathetic grounds
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.1946 of 2023
In
Letters Patent Appeal No.711 of 2019
======================================================
Md. Wasim Uddin
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nazir Alam, Adv.
For the BIADA : Mr. Parth Gaurav, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
and
HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH)
5 29-01-2026 The present petition has been filed for restoration of
an Appeal bearing L.P.A. No. 711 of 2019, which has stood
dismissed for want of prosecution, by an order dated 17.5.2022.
2. The learned counsel for the petitioner has submitted that
the counsel for the petitioner had fallen ill suddenly and
therefore, he could not attend the hearing of the case, when the
case was called out for hearing on 17.5.2022, thus, a
sympathetic view be taken and the aforesaid writ petition
petition be restored to its original file.
3. Having regard to the submission made by the learned
counsel for the petitioner as also considering the averments
made in the present petition, we deem it fit and proper to restore
Patna High Court MJC No.1946 of 2023(5) dt.29-01-2026
2/2
the aforesaid Appeal bearing L.P.A. No. 711 of 2019 to its
original file.
4. The present restoration petition stands allowed.
(Mohit Kumar Shah, J)
( Alok Kumar Pandey, J)
Ajay/-
U
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