Patna High Court

Dhrub BhagatversusThe State of Bihar through the Collector

Decided: 6 February 2026
Disposal: ALLOWED
Bench: NAWNEET KUMAR PANDEY HARISH KUMAR

Holding

The Court allowed the restoration application and reinstated Civil Review No.209 of 2019 to its original file.

Summary

Dhrub Bhagat filed a petition seeking restoration of Civil Review No.209 of 2019. The review had been dismissed on 28 April 2023 for non‑prosecution. The petitioner argued that the dismissal was erroneous and that the review should be reinstated. The High Court examined whether a dismissal for non‑prosecution could be set aside by a restoration application. The Court held that the grounds pleaded were sufficient to merit restoration. Accordingly, the Court ordered that the Civil Review be restored to its original file and number.

Issues considered

Whether the dismissal of Civil Review No.209 of 2019 for non‑prosecution can be set aside by a restoration application

Subjects

civil review
restoration
non-prosecution
high court
procedural law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Miscellaneous Jurisdiction Case No.1450 of 2023
                                                       In
                                       CIVIL REVIEW No.209 of 2019
                 ======================================================
                 Dhrub Bhagat Son of Sheo Sagar Bhagat, Resident of village- Jagarnatha
                 Bazar Tola, P.S. - Manjhagarh, District - Gopalganj.

                                                                             ... ... Petitioner/s
                                                    Versus

           1.    The State of Bihar through the Collector of the District - Gopalganj.
           2.    Te Sub-Divisional Magistrate, Gopalganj.
           3.    The Anchal Adhikari, Manjhagarh, District - Gopalganj.
           4.    The Officer-in-Charge, Manjhagarh, District - Gopalganj.
           5.    Phulmatiya Devi, wife of Late Hira Ram, Resident of village- Jagarnatha
                 Bazar, P.S. - Manjhagarh, District - Gopalganj.
           6.    Badar Ram, Son of Late Charitra Ram, Resident of village- Jagarnatha
                 Bazar, P.S. - Manjhagarh, District - Gopalganj.
           7.    Ram Prasad @ Ram Prasad Ram, Son of Deo Ram, Resident of village-
                 Jagarnatha Bazar, P.S. - Manjhagarh, District - Gopalganj.


                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr. Dhananjay Kumar, Adv.
                 For the Opposite Party/s :    Mr. Md. Khurshid Alam, AAG-12
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
                 PANDEY
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY)

3   06-02-2026                  Heard.

                                2. The present application has been filed for

                   restoration of Civil Review No. 209 of 2019, which has been

                   dismissed for non-prosecution by order dated 28.04.2023.

                                3. For the grounds mentioned in the application, the
           Patna High Court MJC No.1450 of 2023(3) dt.06-02-2026
                                                       2/2




                     present restoration application is allowed and Civil Review No.

                     209 of 2019 is restored to its original file and number.



                                          (Nawneet Kumar Pandey, J)


                                                 (Harish Kumar, J)
Anjani/-

U

Continue reading with your account

Checking your session…