IN THE HIGH COURT OF JUDICATURE AT PATNA C. REV. No.58 of 2008 CHANDRA SHEKHAR UPADHYA Versus THE STATE OF BIHAR & ORS ----------- 3 15.05.2008 Counsel for the petitioner is permitted to make appropriate correction in the review application in order to make it an application for restoration. Counsel for the petitioner submits that C.W.J.C. No. 10230/2001 was disposed of on merit on 28.1.2008 after recording the fact that no one had appeared on behalf of the petitioner. Counsel for the petitioner refers to and relies upon a judgment reported in the case of 2008 (2) P.L.J.R. 458 (Kishori Prasad Vrs. State of Bihar and Ors)) in order to impress upon this Court that only course open to the writ Court was to dismiss the case for non-prosecution. He also refers to the provision contained in Order IX Rule-8 to substantiate the said submission. Counsel for the other side submits that in view of the law laid down in Kishori Prasad (supra), the writ petition may be restored to its original file. After hearing both the sides and having gone through the records of the case, this Court is inclined to allow the amended prayer of the petitioner made before this Court i.e. for restoration of C.W.J.C. No. 10230/2001 to its original file in view of the fact that the said writ case was disposed of in absence of the counsel for the petitioner. The application is allowed and C.W.J.C. no. 10230/2001 is restored to its original file. pkj ( Kishore K. Mandal, J ) - 2 -