Patna High Court
Mukul ThakurversusThe State of Bihar through the Additional Chief Secretary Department of Health
- Decided
- Disposal
- DISPOSED
- Bench
- RAJESH KUMAR VERMA
Holding
The dismissal for default is set aside and MJC No. 1738 of 2024 is restored to its original file.
Summary
The petitioner, Mukul Thakur, filed an application seeking restoration of Miscellaneous Jurisdiction Case No. 1738 of 2024, which had been dismissed for default due to non‑compliance with an order dated 22‑11‑2024. The petition argued that the default was remedied and requested the court to reinstate the case, which originated from CWJC No. 14208 of 2023. The High Court examined the reasons set out in the restoration petition and found them satisfactory. Consequently, the court allowed the restoration, directing that the case be returned to its original file. Additionally, the court granted the petitioner an extra two weeks to comply with the original order and disposed of the ancillary application (MJC No. 2280 of 2025).
Issues considered
- Whether the dismissal of MJC No. 1738 of 2024 for default can be set aside and the case restored.
Subjects
- restoration of suit
- default dismissal
- civil procedure
- miscellaneous jurisdiction
- compliance order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.2280 of 2025
In
Miscellaneous Jurisdiction Case No.1738 of 2024
======================================================
Mukul Thakur, Son of Late Mahaveer Thakur, R/o Hajipur, P.S. Gopalganj,
District- Gopalganj, Bihar
... ... Petitioner/s
Versus
The State of Bihar through the Additional Chief Secretary Department of
Health & Ors.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Awadhesh Kumar Mishra, Advocate
For the State : Mr. Ravi Kumar, AC to GP-13
Mr. Akshay Lal Prasad, AC to GP-13
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
4 18-03-2026 Heard learned counsel for the petitioner and learned
counsel for the State..
2. This application has been filed for restoration of
MJC No. 1738 of 2024 arising out of CWJC No. 14208 of 2023
which stood dismissed for default for non compliance of the
order dated 22.11.2024.
3. For the reasons stated in the restoration petition,
the prayer for restoration is allowed and MJC NO. 1738 of 2024
arising out of C.W.J.C. No. 14208 of 2023 is restored to its
original file.
4. MJC No. 2280 of 2025 stands disposed of.
Patna High Court MJC No.2280 of 2025(4) dt.18-03-2026
2/2
5. As prayed on behalf of the petitioner, further two
weeks’ time is allowed to comply the order dated 22.11.2024 in
MJC No. 1738 of 2024.
(Rajesh Kumar Verma, J)
Ibrar//-
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