IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.2380 of 2008 RAM EKBAL BHAGAT & ORS Versus THE STATE OF BIHAR & ORS ----------- 03/ 22.05.2009 Heard. This restoration application has been filed to restore I.A. No. 649 of 2004, which was dismissed for default against petitioner nos. 1,5,6,7,9,10 and 11, as order dated 24.8.2005, passed in C.W.J.C. No. 8786 of 1991directing the interlocutory applicants to file requisites for fresh service of notice on them on their correct and present address was not complied with. It appears, by restoring I.A. No. 649 of 2004 against the aforesaid petitioners, the High Court will only assist the applicants herein/ Respondent nos. 5 to 15 of the writ case in flogging the dead horse, which this Court is not inclined to do, in view of the fact that under the impugned judgment, learned Single Judge having set aside the promotion of the applicants herein/ Respondent nos. 5 to 15 of the writ case, directed the respondents to consider the case of the writ petitioners as also of respondent nos. 5 to 15, the applicants of the interlocutory application. In the circumstances, whenever the case of the writ petitioners is considered, the case of applicants- respondent nos. 5 to 15 shall also be considered and no injustice shall be done to them. In view of my observation above, no useful purpose will be served by restoring I.A. No. 649 of 2004 and the restoration application is, accordingly, dismissed. Arjun/ ( V.N. Sinha, J.) 2