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Patna High Court

Mukul ThakurversusThe State of Bihar through the Additional Chief Secretary Department of Health

Decided
Disposal
DISPOSED

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//-

U


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