CHHATTU LAL SAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) MR . Mishra is present on behalf of the petitioners. No one appears on behalf of opp. party no. 2 despite order, dated 18.9.2004. The court finds the conduct of Mr. Raghuvendra Kumar Singh, counsel who filed Vakalatnama on behalf of opp. party no. 2 highly regretable. When the case was called out on 17.9.2004 he made a statement that was not wholly correct, causing much embarassment to the counsel for the petitioner and forcing him to make a prayer for withdrawal of the case. When the court dismissed the case as withdrawn, Mr. Singh went away.

(2.) A little while later, Mr. Mishra pointed out that the statement made by him on the basis of which he (Mr. Mishra) was compelled to make the prayer for withdrawal was not correct. Since by that time Mr. Raghuvendra Kumar Singh was not available, the court recalled the order dismissing the case (which by that time had not been recorded in the order sheet much less signed by the court) and directed for the case to appear on the list for the next day.

(3.) AS noted, Mr. Singh continues to remain absent. Under the circumstances the court proceeds to hear Mr. Mishra and to dispose of the case ex parte.