MANONIT LAKRA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The instant Civil Miscellaneous Petition has been filed for restoration of C.M.P. No. 89 of 2021 which was dismissed on account of non-prosecution vide order dtd. 14/7/2023.

(2.) C.M.P. No. 89 of 2021 was also filed for restoration of W.P.(C) No. 1441 of 2011 which was dismissed on 31/8/2015. Meaning thereby, the original miscellaneous petition was filed for restoration after six years of the dismissal of the said writ petition.

(3.) It is submitted by the learned for the petitioner that the present civil miscellaneous petition has been filed after a delay of 394 days. It is further submitted that petitioner's son is suffering from renal disease and was undergoing dialysis since December 2020, therefore, civil miscellaneous petition for restoration could not be filed within time. It is argued by the learned counsel that the delay in preferring the civil miscellaneous petition for restoration was on the account of laches on the part of the then conducting counsel. Reliance is placed on 2010 1 SCC 391 for sympathetically considering civil miscellaneous petition for restoration.