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Patna High Court

Sri Narayan SinghversusNand Kishore Singh

Decided
Disposal
ALLOWED

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

U


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