Patna High Court
Siya Ram PanditversusSheikh Faijle Rehman
- Decided
- Disposal
- ALLOWED
- Bench
- ANIL KUMAR SINHA
Holding
A suit dismissed for non‑prosecution may be restored upon a proper application.
Summary
Petitioner Siya Ram Pandit filed an application before the Patna High Court seeking restoration of Civil Miscellaneous Jurisdiction No. 1857 of 2018, which had been dismissed for non‑prosecution on 6 September 2022. The court examined whether the dismissal could be set aside and the suit reinstated. Relying on procedural principles that allow a dismissed suit to be revived upon a proper application, the court found no impediment to restoration. Consequently, the application was allowed. The case was ordered to be restored to its original file for further proceedings.
Issues considered
- Whether a civil suit dismissed for non‑prosecution can be restored upon an application?
Subjects
- restoration of suit
- non‑prosecution
- civil procedure
- Patna High Court
- high court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.2367 of 2022
In
CIVIL MISCELLANEOUS JURISDICTION No.1857 of 2018
======================================================
Siya Ram Pandit son of Sukhdev Pandit resident of Mauja- Telwa, Tola-
Maheshpur, P.S.- Jalai, District- Saharsa.
... ... Petitioner/s
Versus
1. Sheikh Faijle Rehman S/o Sheikh Maslan HajiMataufa resident of Mauja
and Post- Telwa, Tola- Maheshpur, P.S.- Jalai, District- Saharsa.
2. Sheikh Shafiulah son of Sheikh Abul Rehman Matufa resident of Mauja and
Post- Telwa, Tola- Maheshpur, P.S.- Jalai, District- Saharsa.
3. Sheikh Amanullah son of Sheikh Abul Rehman Matufa resident of Mauja
and Post- Telwa, Tola- Maheshpur, P.S.- Jalai, District- Saharsa.
4. Sheikh Rahmatullah son of Sheikh Abul Rehman Matufa resident of Mauja
and Post- Telwa, Tola- Maheshpur, P.S.- Jalai, District- Saharsa.
5. Sheikh Hafijulah son of Sheikh Abul Rehman Matufa resident of Mauja and
Post- Telwa, Tola- Maheshpur, P.S.- Jalai, District- Saharsa.
6. Sheikh Mahifuj Hussain son of Sheikh Garib Ali Matofa resident of Mauja
and Post- Telwa, Tola- Maheshpur, P.S.- Jalai, District- Saharsa.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pramod Mishra
For the Opposite Party/s : Mr.
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
4 10-04-2026 1. This application has been filed for restoration of Civil
Miscellaneous Jurisdiction No. 1857 of 2018 which stood
dismissed for non-prosecution vide order, dated
06.09.2022.
2. For the reasons stated in this application, the same is
allowed and the connected case, being Civil
Patna High Court MJC No.2367 of 2022(4) dt.10-04-2026
2/2
Miscellaneous Jurisdiction No. 1857 of 2018, is restored
to its original file.
(Anil Kumar Sinha, J)
ashwani/-
U
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