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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