Patna High Court

Raushan Ranjan @ Raushan RajanversusThe Bajaj Allianz General Insurance Co. Ltd. through its Manager Claim

Decided: 5 March 2025
Disposal: DISMISS FOR NON-PROSECUTION
Bench: RAJIV ROY

Holding

The petition for restoration is dismissed for non‑prosecution.

Summary

The petitioners, four siblings of the late Ramdeo Prasad, sought restoration of Miscellaneous Appeal No. 238 of 2017, which had been dismissed on 6 January 2023 for failure to comply with an order dated 8 December 2022. The appeal concerned a claim against Bajaj Allianz General Insurance Co. Ltd. and the owner of an auto tempo, Rahul Kumar. No counsel appeared for the petitioners, and the petition was filed on 5 March 2025. The court noted that the petition was filed solely for the purpose of restoring the dismissed appeal without any evidence of compliance or prosecution. Consequently, the High Court dismissed the petition for non‑prosecution, reaffirming the earlier dismissal of the appeal.

Issues considered

Whether a petition for restoration of a dismissed appeal can be entertained when the petitioner fails to comply with the earlier court order
Whether the court may dismiss a petition for non‑prosecution

Subjects

restoration of appeal
non‑prosecution
civil procedure
high court order compliance

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Miscellaneous Jurisdiction Case No.2275 of 2024
                                                     In
                                   Miscellaneous Appeal No.238 of 2017
                 ======================================================
           1.     Raushan Ranjan @ Raushan Rajan son of Late Ramdeo Prasad @ Ramdev
                  Prasad, resident of Village-Alalpur/Alawalpur, P.O. and P.S. Belaganj,
                  District-Gaya.
           2.    Khushbu Kumari @Khushboo Kumari Daughter of Late Ramdeo Prasad @
                 Ramdev Prasad, resident of Village-Alalpur/Alawalpur, P.O. and P.S.
                 Belaganj, District-Gaya.
           3.    Guriya Kumari, Daughter of Late Ramdeo Prasad @ Ramdev Prasad,
                 resident of Village-Alalpur/Alawalpur, P.O. and P.S. Belaganj, District-Gaya.
           4.    Mamta Kumari, Daughter of Late Ramdeo Prasad @ Ramdev Prasad,
                 resident of Village-Alalpur/Alawalpur, P.O. and P.S. Belaganj, District-Gaya.


                                                                         ... ... Petitioner/s
                                                  Versus
           1.    The Bajaj Allianz General Insurance Co. Ltd. through its Manager Claim
                 504, Mahavir Tower, 5th Floor, Opposite Church Complex, Main Road,
                 Ranchi-894001 (Insurer of Auto Tempo No. BR-2M/0828).
           2.    Rahul Kumar, Son of Barj Kishor Sharma @ Braj Kishor Sharma, Village-
                 Beladih, P.O. and P.S.-Belaganj, District-Gaya (Owner of Auto Tempo No.
                 BR-2M/0828).

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    None
                 For the Opposite Party/s :    Mr.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

4   05-03-2025                    On call, no one appears on behalf of the petitioner.

                                2. The present petition has been preferred:-

                                      “for the restoration of MA No. 238 of 2017

                                      which was dismissed on 06.01.2023 for non-

                                      compliance of the order dated 08.12.2022

                                      passed by the Hon’ble Court.”
            Patna High Court MJC No.2275 of 2024(4) dt.05-03-2025
                                                        2/2




                                   3. Accordingly, the petition stands dismissed for non-

                      prosecution.



                                                     (Rajiv Roy, J)
vinayak/-

U

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