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Patna High Court

Kumari PriyankaversusThe Union Of India Through The Secretary and Ors.

Decided
Disposal
ALLOWED

Holding

The court allowed the restoration of the dismissed civil writ case.

Summary

Petitioner Kumari Priyanka filed a miscellaneous jurisdiction application seeking restoration of Civil Writ Jurisdiction Case No. 14972 of 2011, which had been dismissed for default on 29 March 2016. The petitioner’s counsel explained that the default occurred due to a misunderstanding and not a deliberate avoidance of proceedings. The court examined the explanation and the lack of any intent to evade the process. Considering these facts, the court found no prejudice to the opposite party. Consequently, the application for restoration to its original file and number was allowed, reinstating the dismissed case.

Issues considered

  • Whether a civil writ case dismissed for default can be restored on the ground of inadvertent non‑prosecution

Subjects

  • restoration of suit
  • default dismissal
  • civil writ jurisdiction
  • high court procedure
  • misunderstanding

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Miscellaneous Jurisdiction Case No.2153 of 2016
                                                     In
                               Civil Writ Jurisdiction Case No.14972 of 2011
                  ======================================================
                  Kumari Priyanka
                                                                           ... ... Petitioner/s
                                                   Versus
                  The Union Of India Through The Secretary and Ors.
                                                                    ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :    Mr. Murari Prasad Sinha, Adv.
                  For the Opposite Party/s :    Mr. Satyadarshi Sanjay, Adv.
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
                                        ORAL ORDER

4    06-02-2026                    This M.J.C. application has been filed for restoration

                    of C.W.J.C. No. 14972 of 2011 to its original file and number

                    which stood dismissed for default due to non-prosecution of the

                    case vide order dated 29.03.2016.

                                 2. Learned counsel for the petitioner submits that due to

                    some mis-understanding, the case remained unattended when it

                    was called out on the aforesaid date. There was no deliberate

                    intention of the counsel for the petitioner to avoid proceedings of

                    this Hon’ble Court.

                                 3. Considering the aforesaid facts and averments made

                    in the restoration application, this application for restoration of

                    C.W.J.C. No. 14972 of 2011 to its original file and number stands

                    allowed.



                                               (Khatim Reza, J)
prabhat/-

U


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