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2011 Supreme(Jhk) 17

Sushil Harkauli, J.
Anwari Begum & Ors. ...Applicants
vs.
The State of Bihar (Now Jharkhand) & Ors. ...Opp. Parties
C.M.P. No. 122 of 2010
Decided on: 10.1.2011

Advocates Appeared:
For the Applicants: Mr. Amar Kumar Sinha.
For the Opp. Parties: J.C. to G.P.-II.

Headnote:Code of Civil Procedure, 1908 -- Section 144 – Notice for restoration of a suit can be given only with regard to such of the respondents who were parties in the suit on the date of presentation of the suit, which was dismissed for default. (Para 2)

Order

This writ petition was dismissed for default by the order dated 30.1.2010. The said order dated 30.1.2010 indicates that on that date no one was present on behalf of petitioners, and from the respondent side only J.C. to G.P.-II was present. The learned counsel for the private respondents was also not present on that date.

2. According to law, only such of the respondents are entitled to notice of restoration who were present on the date when the case was dismissed for default.

3. I have heard learned counsel for the applicant-petitioner as well as the learned counsel for the State. This C.M.P. is allowed.

4. Accordingly, C.W.J.C. No. 3810 of 2000(R) is restored. This case will not be treated as tied up to this Bench and will be listed before appropriate Bench.


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