IN THE HIGH COURT OF JUDICATURE AT PATNA LETTERS PATENT APPEAL No. 1441 of 2010 IN CIVIL WRIT JURISDICTION CASE NO. 10979 of 2010 WITH INTERLOCUTORY APPLICATION NO.8185 of 2010 WITH INTERLOCUTORY APPLICATION NO.8186 of 2010 IN LETTERS PATENT APPEAL No1441 of 2010 ========================================= THE BIHAR SCHOOL EXAM.BOARD & ORS Versus SUNIL KUMAR MISHRA & ORS ============================================ APPEARANCE For the Appellants : Mr. Satyabir Bharti, Advocate For the Respondents 1 to 5: Mr. Umashankar Pd. Singh, Sr. Advocate For the Respondents 6 to 9: Mr. Shashi Priya Pathak, Advocate For the Respondents 10 to 14: Mr. Rajiv Kumar Singh, Advocate =================================================== CORAM: HONOURABLE THE CHIEF JUSTICE And HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 3 28/10/2010 IA. No.8186 of 2010 This application under section 5 of the Limitation Act is filed by the appellant Bihar School Examination Board and others for condonation of delay of 5 days occurred in filing the Letters Patent Appeal. On the facts and in the circumstances of the case, the delay is condoned. Interlocutory Application stands disposed of. LPA. No.1441 of 2010 Feeling aggrieved by the order dated 2nd 2 August 2010 made by the learned Single Judge in above CWJC. No.10979 of 2010, the respondents - the present appellants have preferred this Appeal under Clause 10 of the Letters Patent. It is the grievance before us that the impugned order was made by the learned Single Judge without affording adequate opportunity to the appellants to file pleadings and to contest the writ petition. It is apparent that the impugned order was made on the first date of hearing in absence of the pleadings filed by the respondents - the appellants. On this ground alone, the appeal is allowed. The impugned order dated 2nd August 2010 made in CWJC. No.10979 of 2010 is set aside. CWJC. No.10979 of 2010 is remitted to the learned Single Judge for hearing and decision afresh after allowing the appellants to file their pleadings. In view of the above order, the Interlocutory Application No.8185 of 2010 stands disposed of. The learned advocate Mr. Satyabir Bharti appears for the appellants. He assures that the appellants shall file their counter affidavit in CWJC. No.10979 of 2010 within two weeks from today. Neyaz/ ( R. M. Doshit,CJ.) (Jyoti Saran, J.)