SACHIDANAND SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD the learned Counsel for the parties.

(2.) AFTER hearing the parties on I.A. No. 5766 of 2001, it appears from the record that M.J.C. No. 489/90 was dismissed in default, therefore, the petitioner submitted the present petition for its restoration. During the pendency of this restoration petition the respondent No. 5, Hari Narayan Srivastava who, in fact, arrayed as respondent as Administrative Officer, Kosi Area Development Agency, Saharsa, died. This Court by order dated 15-10-2001 directed that steps for substitution of legal heirs of deceased be taken.

(3.) IN the opinion of this Court, the petitioner has made out sufficient cause for restoration of the petition which was dismissed for want of prosecution.