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2011 Supreme(Jhk) 17

SUSHIL HARKAULI
Anwari Begum – Appellant
Versus
State of Bihar (Now Jharkhand) – Respondent


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

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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