IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.619 of 2011 Kishori Prasad Versus The State Of Bihar & Ors ----------- 3. 29.07.2011 Heard learned counsel for the appellant and the learned counsel for the State. Learned counsel for the appellant submits that, no doubt, the State relied upon a circular in its counter affidavit, but a rejoinder to the said counter affidavit was filed on behalf of appellant on 31st August 2007 and apparently the rejoinder escaped the attention of the writ court leading to an observation that there is no rebuttal to the stand of the State based on the circular. It appears from the order under appeal dated 27th September 2010 that C.W.J.C.No. 565 of 2006 preferred by the appellant was dismissed not for default but on merit when nobody had appeared for the petitioner on that day. Considering the aforesaid facts and circumstances of the case, the order under appeal is set aside and the mater is remanded back to the writ court with a request to decide the matter afresh after hearing the parties. The appeal is allowed to the aforesaid extent. Jay/ (Shiva Kirti Singh,J) ( Shivaji Pandey, J)