Patna High Court

Bachho Devi Alias Bachhi DeviversusRaj Kumar Sah

Decided: 30 January 2026
Disposal: ALLOWED
Bench: KHATIM REZA

Holding

The court restored Second Appeal No. 144 of 2019 to its original file and number, subject to removal of defects within two weeks.

Summary

The petitioners filed an application seeking restoration of Second Appeal No. 144 of 2019, which had been dismissed on 15 July 2024 for failing to comply with a peremptory order dated 1 July 2024 that gave them two weeks to address an office note dated 27 June 2024. The court examined the reasons provided in the restoration application and found them satisfactory. Consequently, the court allowed the restoration, directing that the appeal be reinstated to its original file and number, provided the pending defects are rectified within two weeks from the order date. The order effectively revives the appeal while imposing a strict compliance deadline. The decision underscores the court's discretion to restore dismissed proceedings when procedural lapses are remedied promptly.

Issues considered

What is the appropriate judicial discretion regarding restoration of a dismissed appeal for non‑compliance with a peremptory order?

Subjects

restoration of appeal
peremptory order
procedural compliance
second appeal
high court
dismissal
reinstatement

Judgment

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Miscellaneous Jurisdiction Case No.1923 of 2025
                                           In
                          SECOND APPEAL No.144 of 2019
     ======================================================
1.    Bachho Devi Alias Bachhi Devi Wife of Late Jagarnath Prasad, Resident of
      Village- Birampur, P.S. Koilwar, Dist- Bhojpur.
2.   Rajeshwar Prasad Sao alias Rajeshwar Sah, Son of Late Jagarnath Prasad,
     resident of Village- Birampur, P.S. Koilwar, Dist- Bhojpur.
3.   Mantu Sao, Son of Late Jagarnath Prasad, resident of Village- Birampur, P.S.
     Koilwar, Dist- Bhojpur.
4.   Surendra Prasad Sao, Son of Late Jagarnath Prasad, resident of Mohalla-
     Meerganj, P.S.- Ara Town, Dist- Bhojpur.
5.   Anita Devi Wife of Chinta Haran Prasad, daughter of Late Jagarnath Prasad,
     resident of Mohalla- Barja, P.S.- Ara, Dist- Bhojpur.
6.   Punam Sao alias Poonam Devi, wife of Sikandar Sah, Daughter of Late
     Jagarnath Prasad, resident of Mohalla- Srirampur, P.S./Dist- Hoogly (West
     Bengal).
7.   Meena Devi Wife of Ram Lakhan Prasad, daughter of Late Jagarnath
     Prasad, resident of Mohalla- Valuhinpur, Chajjanganj, P.S.- Ara Town, Dist-
     Bhojpur.
8.   Jitendra Kumar, Son of Late Jagarnath Prasad, resident of Mohalla-
     Pirmohani, P.S.- Kadamkuan, Dist- Patna.

                                                            ... ... Petitioner/s
                                        Versus
1.   Raj Kumar Sah Son of Late Ram Niwas Sah, resident of Village- Birampur,
     P.O.- Birampur, P.S. Koilwar, Dist- Bhojpur.
2.   Deonand Gupta Son of Late Ram Niwas Sah, resident of Village- Birampur,
     P.O.- Birampur, P.S. Koilwar, Dist- Bhojpur.
3.   Anabad Bihar Sarkar through the Collector, Bhojpur,
4.   Churaman Sah Son of late Ram Deyal Sah, X
5.   Satya Narayan Sah Son of late Jagarnath Sah Resident of Village -
     Kazamnagar, P.S. - Koilwar, Dist. - Bhojpur.
6.   Devanti Devi D/o Late Jagarnath Prasad, Resident of Village - Anite,
     Chandwa, P.S. - Nawada, Dist. - Bhojpur.
7.   Kunwar Kanti Devi Wife of Late Sheoji Sah, D/o Late Jagarnath Sah,
     Resident of Village - Hazinagar, P.S. - Not known, Dist. - Chhobis Nagar,
     (West Bengal).

                                            ... ... Opposite Party/s
     ======================================================
     Appearance :
     For the Petitioner/s     :   Mr.Sanjay Kumar Ghosarvey, Advocate
     For the Opposite Party/s :   Mr.
     ======================================================
           Patna High Court MJC No.1923 of 2025(6) dt.30-01-2026
                                                       2/2




                  CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
                                     ORAL ORDER

6    30-01-2026                   This application has been filed for restoration of

                     Second Appeal No. 144 of 2019 to its original file and number,

                     which was dismissed on 15.07.2024 due to non-compliance with

                     the peremptory order dated 01.07.2024 passed by this Court,

                     whereby a period of two weeks time was granted to comply

                     with the office note dated 27.06.2024.

                                  2. Having considered the reasons stated in the

                     application, the same is allowed. Accordingly, Second Appeal

                     No. 144 of 2019 is restored to its original file and number,

                     subject to removal of the defects within a period of two weeks

                     from today.

                                  3. Accordingly, the instant restoration application

                     stands allowed.


                                                  (Khatim Reza, J)
shyambihari/-

U

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