IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.846 of 2009 MJC NO.3287 of 2008 RAM NARESH SINGH Versus THE STATE OF BIHAR & ORS 3 15.04.2009 CWJC no. 10478 of 2005 was admitted by a learned single Judge and after hearing, the learned single Judge found that it is a matter to be referred to a Division Bench. Accordingly, the matter was referred to Division Bench by an order of learned single Judge dated 11.3.2008. When the matter was called petitioner’s counsel was absent and it was dismissed for default by the Division Bench. An MJC application (MJC no.3287 of 2008) was filed for restoration of the writ petition and it is the submission that the counsel could not mark the list and that MJC was dismissed for default and for the reason of the counsel the petitioner should not suffer, who is a low paid employee. Considering the facts and circumstances of the case and considering the fact that it is referred matter to the Division Bench, we are of the opinion that both MJC applications (MJC no.846 of 2009 and MJC no. 3287 of 2 2008) are to be allowed as matter be heard on merit. Hence we allow the MJC applications. Consequently CWJC no. 10478 of 2005 be restored to its file so that the matter can be heard by Division Bench on merits. (J.B. Koshy, CJ.) (Dr. Ravi Ranjan, J.) AAhmad