RANCHI, India, Oct. 27 -- Jharkhand High Court issued the following order on Sept. 26:
Heard the parties.
This civil miscellaneous petition has been filed by the petitioner with a prayer for restoration of W.P. (C) No.4971 of 2019 to its original file which stood dismissed for non-compliance of the peremptory order dated 12.03.2024 passed by this Court.
It is submitted by the learned counsel for the petitioner that W.P. (C) No.4971 of 2019 stood dismissed for non-compliance of the peremptory order dated 12.03.2024 passed by this Court to file the requisites for service of notice upon the opposite party Nos.1 to 3. It is next submitted that the file was given to the clerk for taking necessary steps, however, inadvertently, the file was misplaced, hence, notice could not be issued due to which the requisites could not be filed within the stipulated time, which resulted in dismissal of the said W.P. (C) No.4971 of 2019 for non-compliance of the said peremptory order dated 12.03.2024 passed by this Court. It is next submitted that non-compliance of the said peremptory order dated 12.03.2024 was neither deliberate nor intentional. It is also submitted that the petitioner has very good grounds to agitate in the said W.P. (C) No.4971 of 2019 and unless the same is restored to its original file, the petitioner will be highly prejudiced. Hence, it is submitted that the W.P. (C) No.4971 of 2019 be restored to its original file.
Learned counsel for the opposite parties have not raised any serious objection.
Considering the aforesaid submission of the learned counsel for the petitioner, W.P. (C) No.4971 of 2019 is directed to be restored to its original file at the same stage at which it was before its dismissal.
Registry is directed to list W.P. (C) No.4971 of 2019 before the concerned Bench after a week.
This civil miscellaneous petition is disposed of accordingly.
Disclaimer: Curated by HT Syndication.
