Patna High Court

Bibi Saeeda KhatoonversusSmt. Vidya Devi

Decided: 11 March 2026
Disposal: ALLOWED
Bench: ANIL KUMAR SINHA

Holding

The court restored Civil Miscellaneous Case No. 858 of 2018 to its original file.

Summary

The petitioner, Bibi Saeeda Khatoon, filed an application seeking restoration of Civil Miscellaneous Case No. 858 of 2018, which had been dismissed for default on 24 August 2022. The application argued that the dismissal was erroneous and that the case should be reinstated to allow the merits to be heard. The court examined the procedural provisions governing restoration of dismissed suits. Finding merit in the petitioner's request, the court ordered that the dismissed case be restored to its original file. Consequently, the proceedings in the original case may now continue.

Issues considered

Whether a civil miscellaneous case dismissed for default can be restored upon application of the petitioner

Subjects

restoration of suit
default judgment
civil procedure
high court order

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Miscellaneous Jurisdiction Case No.1811 of 2022
                                                        In
                         CIVIL MISCELLANEOUS JURISDICTION No.858 of 2018
                  ======================================================
                  Bibi Saeeda Khatoon Wife of Md. Suleman, daughter of Late Abdul Kasim,
                  resident of Hayaghat, Police Station Hayaghat, District Darbhanga.
                                                                              ... ... Petitioner/s
                                                      Versus
            1.     Smt. Vidya Devi Wife of Anant Paswan, resident of Madhepura Ward No. 9,
                   Police Station Madhepura, District Madhepura.
            2.    Sri Gagendra Kumar Bharti son of Sri Anant Paswan, resident of Madhepura
                  Ward No. 9, Police Station Madhepura, District Madhepura.
            3.    Quazi Moizur Rahman, son of Late Abdul Kasim, resident of Madhepura
                  Ward No. 6, Police Station Madhepura, District Madhepura.
            4.     Bibi Sabara Khatoon, Wife of Quazi Habibur Rahman, daughter of Late
                   Abdul Kasim, resident of Madhepura Ward No. 6, Police Station
                   Madhepura, District Madhepura.
                                                                  ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :       Mr. Binay Kumar
                  For the Opposite Party/s :       Mr.
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                        ORAL ORDER

4    11-03-2026                  This application has been filed for restoration of

                    C.Misc. No. 858 of 2018, which got dismissed for default, vide

                    order, dated 24.08.2022.

                                 2. For the reasons stated in this application, the same

                    is allowed and the connected case, bearing C.Misc. No. 858 of

                    2018 is restored to its original file.



                                               (Anil Kumar Sinha, J)
Siwani/-

U

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