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Patna High Court

Mrs. ILAversusLt. Col. Sanjeev Kumar

Decided
Disposal
DISPOSED

Holding

An appeal dismissed for default is restored upon payment of the prescribed fee to the Legal Services Committee and service of a copy to the opposite party.

Summary

Mrs. ILA filed a petition seeking restoration of Miscellaneous Appeal No. 1128 of 2017, which had been dismissed for default on 18-03-2025 due to non‑appearance. The petitioner’s counsel requested deletion of paragraph 8 of the petition and payment of a fee to the High Court Legal Services Committee. The Court held that upon payment of Rs.1,000 to the Legal Services Committee and service of a copy to the opposite party’s counsel, the appeal could be reinstated. Consequently, the Court ordered the payment of the fee and directed that the appeal be restored to its original file. The order was pronounced by Justices Rajiv Roy and Alok Kumar Sinha.

Issues considered

  • Whether an appeal dismissed for default can be restored upon payment of court fees and compliance with procedural requirements?

Subjects

  • restoration of appeal
  • default dismissal
  • legal services fee
  • civil procedure
  • high court order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Miscellaneous Jurisdiction Case No.1278 of 2025
                                                      In
                                   Miscellaneous Appeal No.1128 of 2017
                 ======================================================
                 Mrs. ILA Wife of Lt. Col. Sanjeev Kumar, D/o Dr. Ramadhin Prasad,
                 Resident of Anand Garh, Police Station -Barari, District - Bhagalpur.

                                                                            ... ... Petitioner/s
                                                     Versus
                 Lt. Col. Sanjeev Kumar Son of Sri Anandi Prasad Yadav, Resident of village -
                 Fatehpur, Police Station - Zero Mile, District - Bhagalpur, At present Rani
                 Talab, Police Station - Zero Mile, District - Bhagalpur.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr. Ram Ishwar Prasad, Advocate
                 For the Opposite Party/s :    Mrs. Archana Sinha, Advocate
                                          :    Ms. Swarna Roy, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                         and
                         HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
                                       ORAL ORDER

                 (Per: HONOURABLE MR. JUSTICE RAJIV ROY)

3   18-03-2026                     Mr. Ram Ishwar Prasad, learned counsel for the

                   petitioner and Mrs. Archana Sinha, learned counsel representing

                   the opposite party.

                                2. Learned counsel for the petitioner prays for and is

                   allowed to delete the paragraph no.8 of the petition.

                                3. The present petition has been preferred for the

                   restoration of M.A. No. 1128 of 2017 (Mrs. ILA versus Lts. Col.

                   Sanjeev Kumar) which stood dismissed for default on

                   18.03.2025 due to non-appearance.

                                4. For the reasons assigned in paragraph no.7, the

                   MJC No. 1278 of 2025 is allowed subject to payment of
            Patna High Court MJC No.1278 of 2025(3) dt.18-03-2026
                                                        2/2




                      Rs.1,000/- to the Patna High Court Legal Services Committee

                      and service of copy to the learned counsel for the sole opposite

                      party.

                                   5. Accordingly, M.A. No. 1128 of 2017 is restored to

                      its original file.



                                                    (Rajiv Roy, J)


                                               ( Alok Kumar Sinha, J)
vinayak/-

U


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