Created by Fuzzy Cloud

Patna High Court

Lalan ChoubeyversusThe State of Bihar

Decided
Disposal
DISPOSED

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/-

U


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.