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Patna High Court

Bihar through the Principal Secretary-cum-CommissionerversusJafarul Islam Numani

Decided
Disposal
ALLOWED

Holding

The Civil Review Case No. 182 of 2019 is restored to its original file.

Summary

The State of Bihar filed a petition seeking restoration of Civil Review Case No. 182 of 2019, which had been dismissed for non‑prosecution on 1 May 2025. The High Court examined whether the dismissal could be set aside and the review reinstated. Relying on procedural principles (though the detailed reasoning is not reproduced), the Court allowed the petition. Consequently, the Civil Review Case was restored to its original file. The order was pronounced by Justice Rajiv Roy on 6 February 2026.

Issues considered

  • Whether a civil review dismissed for non‑prosecution may be restored to the original file

Subjects

  • civil review
  • restoration
  • non‑prosecution
  • procedural law
  • high court

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Miscellaneous Jurisdiction Case No.2170 of 2025
                                                     In
                                      CIVIL REVIEW No.182 of 2019
                  ======================================================
            1.     The State of Bihar through the Principal Secretary-cum-Commissioner
                   Secondary and Primary Education, Government of Bihar, Patna.
            2.    The Director Secondary Education, Government of Bihar, Patna.
            3.    The Secretary, Finance Department, Government of Bihar, Patna.
            4.    The District Education Officer Madhepura.
                                                                               ... ... Petitioner/s
                                                      Versus
                  Jafarul Islam Numani Son of Late Mr. Idris Resident of Mohalla/Village-
                  Madarsa Mohamadia, Purani, Ward No.- 14, Post- Srinagar Via Kumarkhand,
                  P.S.- Puraini, District- Madhepura, Pin Code- 852112.... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :      Mr.Madhaw Prasad Yadaw, Advocate
                  For the Opposite Party/s :
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                        ORAL ORDER

4    06-02-2026                  Heard the parties.

                                 2. The present petition has been preferred for

                    restoration of Civil Review Case No. 182 of 2019 which was

                    dismissed for non-prosecution on 01.05.2025.

                                 3. For the reasons assigned in paragraphs 3 to 4, the

                    MJC No. 2170 of 2025 is allowed.

                                 4. The Civil Review Case No. 182 of 2019 is restored

                    to its original file.



                                                 (Rajiv Roy, J)
Ravi/-

U


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