RANCHI, India, Feb. 10 -- Jharkhand High Court issued the following order on Jan. 9:
Heard the parties.
This civil miscellaneous petition has been filed by the petitioner with the prayer for restoration of S.A. No.19 of 2017 to its original file which stood dismissed for non-prosecution on 02.08.2023.
It is submitted by the learned counsel for the petitioner that S.A. No.19 of 2017 stood dismissed for non-prosecution on 02.08.2023 by this Court. It is next submitted that due to non-appearance of the previous counsel of the petitioner in the Court, the case was dismissed for default. It is next submitted that the petitioner did not have the knowledge about the dismissal of his second appeal and he only came to know about the said dismissal when he came to the office of his counsel on 15.05.2025 for enquiry of status of his case. It is next submitted that non-prosecution before this Court on 02.08.2023 was neither deliberate nor intentional. It is also submitted that the petitioner has very good grounds to agitate in the said S.A. No.19 of 2017 and unless the same is restored to its original file, the petitioner will be highly prejudiced. Hence, it is submitted that the S.A. No.19 of 2017 be restored to its original file.
Learned counsel appearing for the opposite party has not raised any serious objection.
Considering the aforesaid submission of the learned counsel for the petitioner and the facts and circumstances of this case, S.A. No.19 of 2017 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 S.A. No.19 of 2017 before the concerned Bench after a week.
This Civil Miscellaneous Petition is disposed of accordingly.
Disclaimer: Curated by HT Syndication.
