Patna High Court
Lalan ChoubeyversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- MOHIT KUMAR SHAH
Holding
The Court may restore a petition dismissed for default if the petitioner is given a reasonable opportunity to remove the procedural defects.
Summary
Petitioner Lalan Choubey filed a petition (MJC No.167 of 2026) seeking restoration of an earlier petition (MJC No.522 of 2025) that had been dismissed for default due to non‑compliance with a peremptory order dated 12‑12‑2025. The petitioner argued that personal difficulties prevented timely removal of the defects and requested a sympathetic consideration. The Court examined whether it has the jurisdiction to restore a petition dismissed for default and considered the equitable circumstances presented. It held that, given the facts, restoration was appropriate provided the petitioner rectifies the defects within a stipulated period. Accordingly, the restoration petition was disposed of, directing the petitioner to cure the defects within four weeks, after which the original petition would be reinstated.
Issues considered
- Whether a petition dismissed for default can be restored on the ground of personal difficulty and equitable considerations
Subjects
- restoration of petition
- default dismissal
- procedural defect
- court discretion
- equitable relief
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.167 of 2026
In
Miscellaneous Jurisdiction Case No.522 of 2025
======================================================
Lalan Choubey Son of Kapildev Choubey, Resident of Village Narwar, PS
Dinara, District Rohtas at Sasaram.
... ... Petitioner/s
Versus
1. The State of Bihar through Chief Secretary of the Department of Land and
Revenue Department.
2. The Smt. Udita Singh, Collector cum District Magistrate, Rohtas at Sasaram,
Dist Rohtas.
3. The Vinit Vyash, Circle Officer, Kochas, Dist Rohtas at Sasaram.
4. The Vinay Kumar, Officer In Charge Dinara Police Station, Dist Rohtas.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dharmendra Kumar Singh, Adv.
For the Opposite Party/s : Mr.Government Advocate 5
======================================================
CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
ORAL ORDER
3 03-04-2026 The present petition has been filed for restoration of a
petition bearing MJC No. 522 of 2025, which has stood
dismissed for default on account of non-compliance of the
peremptory order dated 12.12.2025.
2. The learned counsel for the petitioner submits that due to
personal difficulty, the defects could not be removed within
time, as pointed out by the registry, hence a sympathetic view be
taken and the aforesaid petition be restored to its original file.
3. Having regard to the facts and circumstances of the case
and considering the averments made by the learned counsel for
the petitioner, I deem it fit and proper to direct for restoration of
Patna High Court MJC No.167 of 2026(3) dt.03-04-2026
2/2
the aforesaid petition bearing MJC No. 522 of 2025 to its
original file, however subject to removal of the defects, as
pointed out by the registry, within a period of four weeks from
today.
4. Accordingly, the present restoration petition stands
disposed off on the aforesaid terms.
(Mohit Kumar Shah, J)
Ajay/-
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