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Patna High Court

Jagdish SahversusJamadar Sah

Decided
Disposal
ALLOWED

Holding

The court held that the appeal should be restored as the petitioner had complied with the required cost and notice requisites.

Summary

The petitioner sought restoration of Second Appeal No. 260 of 1998, which had been dismissed for default on 4 May 2018. The petitioner demonstrated that the required cost of Rs. 500 and the requisites for issuing notices to the proposed heirs of deceased respondent No. 11 (respondents 11(c) and 11(e)) had already been filed in compliance with an order dated 1 March 2013 of the Lawazima Board, and the cost was deposited in the Victim Compensation Fund. The court examined whether these compliance steps satisfied the conditions for restoring the default‑dismissed appeal. Finding that the petitioner had fulfilled the statutory and procedural requirements, the court allowed the application. Consequently, the Second Appeal No. 260 of 1998 was restored to its original file and number.

Issues considered

  • Whether the filing of the required cost and notice requisites for the heirs of deceased respondent No. 11 satisfies the conditions for restoring a default‑dismissed appeal
  • Whether the court may order restoration of Second Appeal No. 260 of 1998

Subjects

  • restoration of appeal
  • default dismissal
  • victim compensation fund
  • notice to heirs
  • second appeal

Judgment

           IN THE HIGH COURT OF JUDICATURE AT PATNA
                     Miscellaneous Jurisdiction Case No.1793 of 2018
                                            In
                            SECOND APPEAL No.260 of 1998
       ======================================================
       Jagdish Sah S/o Late Laldhar Sah Resident of Village Kateya P.S. and P.O.
       kateya, District- Gopalganj.

                                                                   ... ... Petitioner/s
                                         Versus
1.1.       Ramayan Sah Son of late Jamadar Sah, Resident of Village Kateya P.S.
           and P.O. Kateya, District- Gopalganj.
1.2.       Bachawa Devi Son of Late Jamadar Sah, Resident of Village Kateya
           P.S. and P.O. Kateya, District- Gopalganj.
1.3.       Samgatia Devi Wife of Bichwanath Sah, Resident of Village Kateya P.S.
           and P.O. Kateya, District- Gopalganj.
2.         Smt. Ramunia Ws/o Bikram Sah, D/o Late Kanchan Sah, Resident of
           Village Kateya P.S. and P.O. Kateya, District- Gopalganj.
3.         Kumari Anita (Minor) D/o Jugal Sah, through Jugal Sah, Village
           Khurhariya, P.S. Kateya, District Gopalganj.
4.         Kumari Chumawati (Minor) D/o Jugal Sah through Jugal Sah, Village
           Khurhariya, P.S. Kateya, District Gopalganj.
5.         Kaki Kumar (Minor) S/o Jugal Sah through Jugal Sah, Village
           Khurhariya, P.S. Kateya, District Gopalganj.
6.         Ram Janam Sah S/o Late Kashi Sah, Village Kateya, P.S. and P.O.
           Kateya, District- Gopalganj.
7.         Ramprit Sah S/o Late Kashi Sah, Village Kateya, P.S. and P.O. Kateya,
           District- Gopalganj.
8.         Rajendra Sonar S/o Ramprit Sah, Resident of Village Bankati, P.S.
           Patherwa, District- Deoria at present village kateya P.S. and P.o. Kateya,
           District- Gopalganj.
9.         Sheo Shankar Sah Son of late Jangali Sah, Resident of Village - Keteya,
           P.S. Kateya, Distt. - Gopalganj.
10.(i)     Vishwanath Sah Son of Mangal Sah, Resident of Village- Kateya, P.S.
           Kateya, District- Gopalganj.
10.(ii)    Krishna Sah Son of Mangal Sah, Resident of Village- Kateya, P.S.
           Kateya, District- Gopalganj.
10.(iii)   Sachindra Sah Son of Mangal Sah, Resident of Village- Kateya, P.S.
           Kateya, District- Gopalganj.
10.(iv)    Ramrati Devi D/o late Mangal Sah, Wife of Ramratan Sah, Resident of
           professor Colony, Siwan, District- Siwan.
10.(v)     Ramni Devi Wife of Kedar Sah, Resident of Village Maharajganj Tola
           Singhwatta, District - Siwan.
11.        Shankar Sah Son of Late Laxmi Sah, Resident of Village Kateya P.S.
           and P.O. Kateya, District- Gopalganj.
         Patna High Court MJC No.1793 of 2018(4) dt.13-02-2026
                                                     2/3




           12.        Bagaden Sah Soin of late Laxmi Sah, Resident of Village Kateya P.S.
                      and P.O. Kateya, District- Gopalganj.
           13.        Smt. Bhagmani Devi D/o Laxmi Sah, Resident of Village Kateya P.S.
                      and P.O. Kateya, District- Gopalganj.
           14.        Lachuman Sah Son of Late Dhar Sah, Resident of Village Kateya P.S.
                      and P.O. Kateya, District- Gopalganj.
           15.        Rameshwar Sah Son of Laldhar Sah, Resident of Village Kateya P.S.
                      and P.O. Kateya, District- Gopalganj.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Shobha Nath Jha, Advocate
                 For the Opposite Party/s :
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
                                       ORAL ORDER

4   13-02-2026                  At the very outset, learned counsel for the petitioner

                   submits that the cost of Rs. 500/- and the requisites for issuance

                   of notices to the proposed heirs of deceased respondent no. 11,

                   namely respondent nos. 11(c) and 11(e) have already been filed

                   in Second Appeal No. 260 of 1998 in compliance of the order

                   dated 01.03.2013 passed by the Lawazima Board.

                                2. In the aforesaid circumstances, filing of the

                   requisites for issuance of notices upon the proposed heirs of

                   deceased respondent no. 11, i.e., respondent nos. 11(c) and

                   11(e), along with the cost of Rs. 500/- which is deposited in the

                   Victim Compensation Fund is accepted.

                                Re. MJC No. 1793 of 2018

                                  3. The present application has been filed for

                   restoration of Second Appeal No. 260 of 1998 which was
           Patna High Court MJC No.1793 of 2018(4) dt.13-02-2026
                                                       3/3




                     dismissed for default on 04.05.2018.

                                  4. Having regard to the facts and circumstances of the

                     case and the averments made in the application, the same is

                     allowed.

                                  5.Accordingly, Second Appeal No. 260 of 1998 is

                     restored to its original file and number.



                                                  (Khatim Reza, J)
shyambihari/-

U


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