Patna High Court

Rohit Kumar Jha @ Rohit KumarversusMr. Manoj Kumar Jha

Decided: 12 February 2026
Disposal: DISMISS FOR NON-PROSECUTION
Bench: S B P SINGH

Holding

The petition is dismissed for non‑prosecution.

Summary

The petitioner filed a civil miscellaneous petition in the Patna High Court. No counsel appeared on behalf of the petitioner at the final hearing, indicating a loss of interest in pursuing the case. The court observed that the petitioner had not prosecuted the petition despite being given opportunities. Consequently, the court exercised its inherent power to dismiss the petition for non‑prosecution. The dismissal was ordered without any substantive consideration of the merits, as the petition was deemed abandoned.

Issues considered

Whether the petition should be dismissed for non‑prosecution due to the petitioner’s failure to appear and prosecute the case?

Subjects

non‑prosecution
dismissal
civil procedure
petition
abandonment

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
            CIVIL MISCELLANEOUS JURISDICTION No.479 of 2023
     ======================================================
     Rohit Kumar Jha @ Rohit Kumar Son of Late Lakshmi Nath Jha @ Laxmi
     Nath Jha, at Lalpari Bhawan, Village and Post-Dekuli, Opposite Old Post
     Office Dekuli, P.S. Bahadurpur, Via-SHMC, District-Darbhanga-846002,
     Bihar.

                                                                 ... ... Petitioner/s
                                         Versus
1.   Mr. Manoj Kumar Jha son of Late Ramlala Jha, according to 10th Certificate
     and in aforesaid plaint in question aged about 50 years, Village-Dekuli, P.O.
     Dukuli, Via SHMC, Police Station Bahadurpur, District-Darbhanga, PIN
     Code-846002 at present Mohallah-Belwaganj, Andheriyabagh, Near K.M.
     Tank, P.O. Belwaganj, District-Darbhanga, Mobile No. 8340697217, PIN
     Code-846001.
2.   Mrs. Ram Singari Devi, Wife of Late Ram Lala Jha (Advocate) Village and
     Post-Dekuli, Via-SHMC, Darbhanga, Bihar-846002.
3.   Mrs. Sudhakar Kumar Jha (Advocate) @ Mallic Bhai son of Late Ram Lala
     Jha (Advocate), Village and Post-Dekuli, Via-SHMC, Darbhanga-846002.
4.   Mrs. Chanda Kumari (Nursing Officer), Daughter of Late Ram Lala Jha
     (Advocate), Wife of Mukesh Kumar, C/o Mr. Manoj Kumar Jha, Village,
     P.O. Dekuli Via SHMC, Darbhanga, Bihar 846002.
5.   Mr. Shatrughan Jha @ Comrade Jha @ Shatrughan Babu @ Dak Babu, Son
     of Late Mahavir Jha, Resident of Village and P.O. Dekuli, Via SHMC, Police
     Station Bahadurpur, Darbhanga, Bihar-846002.
6.   Mosmat Bidhi Devi @ Lukhi Devi, Wife of Late Diwakar Jha @ Buch
     Sipahi, resident of Village and P.O.-Dekuli, Via-SHMC, P.S. Bahadurpur,
     Darbhanga-846002.
7.   Mr. Purshottam Jee @ Purshottam Jha @ Luddo Jha, Son of Late Diwakar
     Jha @ Buch Sipahi, Resident of Village and P.O.-Dekuli, Via-SHMC, P.S.-
     Bahadurpur, Darbhanga, 846002.
8.   Constable Mrs. Navin Diwakar Jha Son of Late Diwakar Jha @ Buch
     Sipahi, Resident of Village and P.O.-Dekuli, Via-SHMC, P.S.-Bahadurpur,
     District-Darbhanga-846002.
9.   Mr. Asha Kumari Jha @ Asha Jha, Wife of Late Anjani Jha @ Magnu Jha,
     Resident of Village and P.O.-Dekuli, Via-SHMC, P.S.-Bahadurpur,
     Darbhanga, Bihar-846002.
10. Mr. Pawan Kumar Jha, Son of Late Roop Narayan Jha, Resident of Village
    and P.O.-Dekuli, Via SHMC Darbhanga 846002, at present under Control of
    SDO BSNL, 932Gplus X3G, SH55, Ward No. 06, BSNL Telephone
    Exchange, Madhubani, Bihar 47211.
11. Mrs. Krishna Kumar Jha, Son of Roop Narayan Jha, Resident of Village and
    Post.-Dekuli, Via-SHMC, Darbhanga at present C/o Ashok Fudan Thakur,
    village-Kachhua Chakauti, Post-Singhwara, District-Madhubani.
12. Mrs. Nirmal Devi, Daughter of Roop Narayan Jha, C/o Ashok Fudhan
    Thakur, at present Village-Kachhua Chakauti, near Telephone Exchange,
          Patna High Court C.Misc. No.479 of 2023(6) dt.30-10-2024
                                                       2/2




                   Post-Singhwara, District-Madhubani.
              13. Mrs. Manju Devi, Daughter of Roop Narayan Jha, C/o Ashok Fudhan
                  Thakur, at present Village-Kachhua Chakauti, near Telephone Exchange,
                  Post-Singhwara, District-Madhubani.
              14. Mosmat Mandavi Devi, Widow of Late Gangadhar Jha @ Ganja Jha,
                  resident of Village and P.o-Dekuli, Via-SHMC, Darbhanga, Bihar-846002.
              15. Mrs. Babloo Jha @ Babloo Don @ Don Jha, son of Late Gangadhar Jha,
                  resident of Village and Post-Dekuli, Via-SHMC, Police Station-Bahadurpur,
                  Darbhanga, through Station House Officer, Bahadurpur, Darbhanga-846001.
              16. Mrs. Nootan Jha @ Nootan Devi, Wife of Sudhir Jha, Resident of Village
                  and Post-Kaligaon, P.S. Singhwara, District-Darbhanga-846001.
              17. Ruchi Devi @ Poonam Devi, Daughter of Late Gangadhar Jha, resident of
                  Village and P.o-Dekuli, Via-SHMC, Darbhanga, Bihar.

                                                            ... ... Respondent/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :        None
                  For the Respondent/s     :        Mr.
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                        ORAL ORDER

6   30-10-2024                    On call, none appears on behalf of the petitioner.

                                 2. Perusal of record shows even on the last date of

                    hearing on one appeared on behalf of the petitioner. It seems the

                    petitioner has lost interest in his case.

                                 3. Accordingly, the present petition is dismissed for

                    non-prosecution.



                                                       (Arun Kumar Jha, J)
balmukund/-

U

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