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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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