IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.283 of 2009 SHIVA PRASAD CHAUDHARY Versus THE STATE OF BIHAR & ORS 6 24.11.2009 We have heard this matter on 20th November, 2009 but the date of order no.5 has been wrongly mentioned as 20.111.2009. Let that error be corrected. Learned counsel for respondent no.6 has explained why he could not appear when the matter was heard on 20th November, 2009. We feel that he is justified that we should re-hear the matter because he went out of court on account of oral order that the case will stand dismissed due to non-appearance of counsel for the appellant and, thereafter, when the counsel for the appellant appeared, the matter was heard on merits without taking into consideration that counsel for respondent no.6 had no information that the matter will be taken up again on merits. After hearing learned counsel for the appellant and learned counsel for respondent no.6 again on merits, we are of the view that the reasons recorded in the order dated 2 20.11.2009 for remanding the matter back to the appellate court are valid and that order is, therefore, reiterated. ( Shiva Kirti Singh, ACJ.) (Shyam Kishore Sharma, J.) AAhmad