Patna High Court
Sushila DeviversusBaban Devi
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The restoration application is allowed subject to payment of Rs.5,000 to the opposite party within four weeks.
Summary
The petitioner, Sushila Devi, filed an interlocutory application seeking condonation of delay in filing a restoration petition for Civil Revision No. 177 of 2018, which had been dismissed on 19 September 2023 for want of prosecution. The application was supported by an affidavit and detailed reasons for the delay. The court examined the averments in paragraphs 5 to 9 of the application and the counsel's submissions, finding them sufficient to justify condonation. Accordingly, the court allowed the interlocutory application, condoning the delay. The restoration was granted on the condition that the petitioner pay Rs.5,000 to the opposite party within four weeks, after which the revision case was restored to its original file.
Issues considered
- Whether the delay in filing the restoration petition can be condoned.
- Whether the Civil Revision dismissed for want of prosecution may be restored subject to a monetary condition.
Subjects
- restoration of suit
- condonation of delay
- civil revision
- want of prosecution
- payment condition
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.1430 of 2024
In
CIVIL REVISION No.177 of 2018
======================================================
Sushila Devi Wife of Dhrudeo Singh, Daughter of Late Janakdeo Ojha,
Resident of Village- Panchmahla, P.O.- Sahajitpur, P.S.- Baniapur, District-
Saran.
... ... Petitioner/s
Versus
Baban Devi Wife of Awadhesh Kumar Singh, Daughter of Late Ramlal Ojha,
Resident of Village- Panchmahla, P.O.- Sahajitpur, P.S.- Banipur, District-
Saran.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dipak Kumar, Advocate
For the Opposite Party/s : Mr. Harsh Anuj, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
6 13-02-2026 Heard learned counsels for the parties.
Reg.:- I.A. No. 01 of 2025
2. This Interlocutory Application has been filed for
condoning the delay in filing the present restoration petition.
The application is supported with affidavit.
3. Considering the averments made in the paragraph
nos. 5, 6, 7, 8 & 9 of the application and the submissions of
learned counsels for the parties, I.A. No. 1 of 2025 is allowed.
Accordingly, delay in filing the present restoration petition is,
hereby, condoned.
Reg.:- M.J.C. No. 1430 of 2024
4. This application is filed for restoration of Civil
Patna High Court MJC No.1430 of 2024(6) dt.13-02-2026
2/2
Revision No. 177 of 2018, which was dismissed on 19.09.2023
for want of prosecution.
5. The reasons stated in the restoration application and
the submissions made in support thereof are sufficient to allow
the application.
6. Accordingly, this restoration application is allowed
subject to payment of Rs.5,000/- to be paid by the petitioner to
the opposite party within a period of four weeks. The Civil
Revision No. 177 of 2018 is restored to its original file.
(Sunil Dutta Mishra, J)
utkarsh/-
U T
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