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Patna High Court

Brigunath TiwariversusBabulal Tiwari and Ors

Decided
Disposal
DISPOSED

Holding

The review petition is allowed and Civil Revision No. 11 of 2013 is restored to its original file subject to payment of Rs.500 to the Legal Services Committee.

Summary

The petitioner, Brigunath Tiwari, filed a review petition challenging the order dated 5 July 2017 that dismissed his application for restoration of Civil Revision No. 11 of 2013 on the ground of default for not complying with an earlier order dated 16 February 2015. The High Court examined whether the dismissal for default could be reviewed and whether the earlier civil revision should be reinstated. After considering the procedural defaults and the merits of the restoration request, the Court held that the review petition was maintainable. It ordered that the civil revision be restored to its original file, subject to the petitioner paying a nominal fee of Rs.500 to the Patna High Court Legal Services Committee. The decision effectively overturns the earlier dismissal and allows the petitioner to pursue the revived civil revision.

Issues considered

  • What is the scope for reviewing an order dismissing a restoration application on the ground of default?
  • Should the Civil Revision No. 11 of 2013 be restored despite the alleged non‑compliance with the earlier order?

Subjects

  • review petition
  • restoration
  • civil revision
  • default
  • non‑compliance
  • legal services fee

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                          CIVIL REVIEW No.432 of 2017
                                         In
                 Miscellaneous Jurisdiction Case No.1806 of 2016
     ======================================================
     Brigunath Tiwari Son of Late Gopal Ji Tiwari, Resident of Village- Madhopur
     Pragana Bara, P.S. Gautam Budh Nagar, District Siwan.

                                                                ... ... Petitioner/s
                                       Versus
1.1. Bijendra Tiwari Son of Late Babulal Tiwari, Resident of Village -
     Madhopur, P.S. Jivinagar Tarwara, District Siwan.
1.2. Upendra Tiwari Son of Late Babulal Tiwari, Resident of Village -
     Madhopur, P.S. Jivinagar Tarwara, District Siwan.
2.   Babudeo Tiwari. Son of Late Sita Ram Tiwari, Resident of Village Sahlaur,
     Pragna Bara, P.S. Pachrukhi, District Siwan and at present of Village
     madhopur, P.S. G.B. Nagar, District Siwan.
3.   Babunand Tiwari. Both sons of Late Sita Ram Tiwari. Resident of Village
     Sahlaur, Pragna Bara, P.S. Pachrukhi, District Siwan and at present of
     Village madhopur, P.S. G.B. Nagar, District Siwan.
4.   Smt. Jhalav Devi, wife of Bashistha Tiwari, D/o Late Sita Ram Tiwari. All
     are Resident of Village- Sahlaur, Pragna Bara, P.S. Pachrukhi, District-
     Siwan, and at present of Village Madhopur, P.S. G.B. Nagar, District- Siwan.
5.   Smt. Dharmawati Devi, wife of Sheonarain Tiwari, Resident of Village-
     Barkagaon, Pragana Bara, P.S. Pachrukhi, District- Siwan and at present
     Resident of Village- Madhopur, P.S. G.P. Nagar, District Siwan.
6.1. Smt. Lalti Devi W/o Late Sharma Tiwari, Resident of Village - Madhopur,
     P.S. Jivinagar, District Siwan.
6.2. Pawan Tiwari Son of Late Sharma Tiwari, Resident of Village - Madhopur,
     P.S. Jivinagar, District Siwan.
6.3. Pappu Tiwari Son of Late Sharma Tiwari, Resident of Village - Madhopur,
     P.S. Jivinagar, District Siwan.
6.4. Poonam Tiwari D/o Late Sharma Tiwari, Resident of Village - Madhopur,
     P.S. Jivinagar, District Siwan.
6.5. Pinki Tiwari D/o Late Sharma Tiwari, Resident of Village - Madhopur, P.S.
     Jivinagar, District Siwan.
7.1. Ashok Kuwar S/o Late Nand Kishor Tiwari, Resident of Village -
     Madhopur, P.S. Jivinagar, District Siwan.
7.2. Gudiya Kumari D/o Late Nand Kishor Tiwari, Resident of Village -
     Madhopur, P.S. Jivinagar, District Siwan.
7.3. Raju Tiwari Son of Late Nand Kishor Tiwari, Resident of Village -
     Madhopur, P.S. Jivinagar, District Siwan.
7.4. Ranjan Tiwari Son of Late Nand Kishor Tiwari, Resident of Village -
     Madhopur, P.S. Jivinagar, District Siwan.
7.5. Chandan Tiwari S/o Late Nand Kishor Tiwari, Resident of Village -
          Patna High Court C. REV. No.432 of 2017(10) dt.05-02-2026
                                                       2/3




                  Madhopur, P.S. Jivinagar, District Siwan.
            7.6. Bhola Tiwari Son of Late Nand Kishor Tiwari, Resident of Village -
                 Madhopur, P.S. Jivinagar, District Siwan.
            8.    Smt. Lalti Devi, wife of Sharma Tiwari. All Resident of Village- Madhopur,
                  Pragna Bara, P.S. G.B. Nagar, District- Siwan.
            9.1. Gita Devi D/o Late Moti Devi @ Moti Devi Resident of Village- Madhopur,
                 Pargana Bara, P.S. G.B Nagar, District Siwan
            9.2. Rita Devi D/o Late Moti Devi @ Moti Devi, Resident of Village- Madhopur,
                 Pargana Bara, P.S. G.B Nagar, District Siwan
            10. Smt. Reeta Devi wife of Baldeo Tiwari. Resident of Village Madhopur,
                Pargana Bara, P.S. G.B. Nagar, District Siwan.
            11. Geeta Devi wife of Asheshar Tiwari, Both Resident of Village- Madhopur,
                Pargana Bara, P.S. G.B. Nagar, District- Siwan.

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :        Mr.Neeraj Kumar Alias Sanidh, Advocate
                  For the Opposite Party/s :
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                        ORAL ORDER

10   05-02-2026                   Earlier notices were issued to the respondent nos. 02

                    to 05, 8, 10 & 11 and later vide an order dated 30.01.2025

                    direction was given to publish the notice in the ‘Hindi

                    Newspaper’ .

                                 2. Accordingly, on 03.04.2025, the coordinate bench

                    recorded that it be deemed to have been validly served.

                                  Heard the parties.

                                 2. The present petition has been preferred for the

                    following relief/s:

                                               (i) for review of order dated 05.07.2017

                                               passed in MJC No. 1806 of 2016 whereby

                                               the restoration application was dismissed for
         Patna High Court C. REV. No.432 of 2017(10) dt.05-02-2026
                                                      3/3




                                            default for non-compliance of the order

                                            dated 16.02.2015 and for restoration of Civil

                                            Revision No. 11 of 2013.

                                 3. For the reasons assigned in paragraph nos. 08 to

                   17, the C. Rev. No. 432 of 2017 is allowed and C.R. No. 11 of

                   2013 is restored to its original file subject to payment of Rs.500/

                   to the Patna High Court Legal Services Committee.




                                                  (Rajiv Roy, J)
Ravi/-

U


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