The Patna High Court has reiterated that dismissal of a writ petition for non-prosecution is not a decision on merits and does not bar re-presentation of the petition, provided it is otherwise maintainable. This order affirms existing precedent, serving as binding authority for subordinate courts within Bihar on the procedural consequence of default by petitioners in writ matters.
Summary
| Category | Data |
|---|---|
| Case Name | CWJC/7148/2022 of Dr. Dinesh Prasad Saha Vs The State of Bihar |
| CNR | BRHC010347142022 |
| Date of Registration | 13-05-2022 |
| Decision Date | 27-02-2025 |
| Disposal Nature | DISPOSED |
| Judgment Author | Hon’ble Mr. Justice Harish Kumar |
| Court | Patna High Court |
| Precedent Value | Binding within jurisdiction of the Patna High Court |
| Overrules / Affirms | Affirms the procedural law on dismissal for non-prosecution |
| Type of Law | Procedural Law/Writ Jurisdiction |
| Questions of Law | Does dismissal for non-prosecution operate as a bar to refiling or amount to a decision on merits? |
| Ratio Decidendi |
|
| Facts as Summarised by the Court | The petitioner did not appear at multiple calls, even though counter affidavits had been served and filed negating the petitioner’s claim. No response to the counter affidavits was made. On repeated absence, the matter was dismissed for non-prosecution. |
Practical Impact
| Category | Impact |
|---|---|
| Binding On | All subordinate courts within the jurisdiction of Patna High Court |
| Persuasive For | Other High Courts |
| Follows | Established procedural principle that dismissal for non-prosecution is not on merits |
What’s New / What Lawyers Should Note
- Reiterates that dismissal for non-prosecution is not equivalent to adjudication on merits—matters may be revived or refiled if no bar exists.
- Affirms the expectation that parties must diligently prosecute their petitions, especially in writ proceedings.
- Lawyers should ensure presence or representation on the listed date, particularly after counter affidavits are served, to prevent procedural dismissal.
- Where a writ petition is dismissed for default, a fresh petition may be maintainable, subject to limitation and other statutory bars.
Summary of Legal Reasoning
- The court noted the absence of the petitioner on multiple dates, including the date of decision, despite counter affidavits being filed by respondents and served on the petitioner’s advocate.
- The court expressly recorded that, in the absence of representation and response, the petition stands dismissed for non-prosecution.
- The order does not express any view on the merits of the petitioner’s claim.
- Finds that it is within the court’s powers to dismiss proceedings where the party seeking relief does not pursue the matter despite opportunity.
Arguments by the Parties
Petitioner:
- No appearance; no submission made in court.
- No response to respondents’ counter affidavits.
Respondents:
- Filed counter affidavits negating the petitioner’s claim.
- Served copies of the counter affidavits on the petitioner’s advocate.
Factual Background
The writ petition was filed by Dr. Dinesh Prasad Saha, seeking relief from the State of Bihar and its Health Department officials. After the respondents filed and served counter affidavits opposing the petitioner’s claims, neither the petitioner nor his counsel appeared before the court on multiple occasions. Ultimately, with no representation or reply to counter affidavits, the court dismissed the writ petition for non-prosecution, making no determination on the substance of the claims.
Statutory Analysis
- The court exercised its power to dismiss for non-prosecution, a procedural remedy available under writ jurisdiction.
- No specific statutory provision was interpreted or analyzed in depth in the order; the focus remained on the court’s inherent power to control its process.
Procedural Innovations
None noted; the judgment applies standard procedural law regarding non-prosecution in writ matters.
Alert Indicators
- ✔ Precedent Followed – The established position on dismissals for default in writ petitions has been followed.