Patna High Court
Sri Narayan SinghversusNand Kishore Singh
- Decided
- Disposal
- ALLOWED
- Bench
- AJIT KUMAR
Holding
The First Appeal No. 235 of 2010 is restored to its original file.
Summary
The petitioners, a group of family members, filed a Miscellaneous Jurisdiction petition seeking restoration of First Appeal No. 235 of 2010. The opposite party, Nand Kishore Singh, contested the restoration. The Patna High Court examined the petition and, referring to its earlier reasoning (paragraphs 4 to 9), concluded that the appeal should be reinstated to its original file. No substantive merits of the original appeal were re‑examined; the focus was purely procedural. Consequently, the court allowed the petition and ordered the restoration of the first appeal.
Issues considered
- Whether the First Appeal No. 235 of 2010 should be restored to its original file under the provisions of the Civil Procedure Code
Subjects
- restoration of appeal
- miscellaneous jurisdiction
- procedural law
- civil procedure
- high court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.1480 of 2022
In
FIRST APPEAL No.235 of 2010
======================================================
1. Sri Narayan Singh S/o Late Damodar Singh Resident of Village
Mohammadpur, Chandpura, P.S.-Nema Chandpura, P.O.-Chandpura,
District-Begusarai, Pin-851131
2. Rajesh Kumar Son of Sri Narayan Singh Resident of Village
Mohammadpur, Chandpura, P.S.-Nema Chandpura, P.O.-Chandpura,
District-Begusarai, Pin-851131
3. Mukesh Kumar Son of Sri Narayan Singh Resident of Village
Mohammadpur, Chandpura, P.S.-Nema Chandpura, P.O.-Chandpura,
District-Begusarai, Pin-851131
4. Neelam Kumar Daughter of Sri Narayan Singh Resident of Village
Mohammadpur, Chandpura, P.S.-Nema Chandpura, P.O.-Chandpura,
District-Begusarai, Pin-851131
5. Anita Kumari Daughter of Sri Narayan Singh Resident of Village
Mohammadpur, Chandpura, P.S.-Nema Chandpura, P.O.-Chandpura,
District-Begusarai, Pin-851131
6. Renu devi W/o Late Suman Kumar Resident of Village Mohammadpur,
Chandpura, P.S.-Nema Chandpura, P.O.-Chandpura, District-Begusarai, Pin-
851131
7. Raman Kumar Minor Son of Late Suman Kumar Minors Under the
Guardianship of their Mother Renu Devi the Appellant No. 6 the Well
Wisher and nest friend Resident of Village Mohammadpur, Chandpura, P.S.-
Nema Chandpura, P.O.-Chandpura, District-Begusarai, Pin-851131
8. Richa Minor Daughter of Late Suman Kumar Minors Under the
Guardianship of their Mother Renu Devi the Appellant No. 6 the Well
Wisher and nest friend Resident of Village Mohammadpur, Chandpura, P.S.-
Nema Chandpura, P.O.-Chandpura, District-Begusarai, Pin-851131
... ... Petitioner/s
Versus
Nand Kishore Singh S/o Late Damodar Singh Residentof Village
Mohammadpur, Chandpura, P.S. Nema Chandpura, P.O.-Chandpura, District-
Begusarai, Pin-851131 ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Manoj Kumar Singh, Adv.
Mr. Prabhat Kumar, Adv.
For the Opposite Party/s : Mr. Jitendra Pd. Singh, Sr. Adv.
Mr.Manish Kishore, Adv.
Mr. Venkatesh Kaushik, Adv.
Mr.Varun Krishna Singh, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
5 27-02-2026 Heard the parties.
Patna High Court MJC No.1480 of 2022(5) dt.27-02-2026
2/2
2. For the reasons, as assigned in paragraphs 4 to 9,
of the present MJC petition filed for restoration of FIRST
APPEAL No. 235 of 2010, the same is allowed and restored to
its original file.
3. Accordingly, the present petition stands allowed.
(Ajit Kumar, J)
perwez
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