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Patna High Court

Siya Ram PanditversusSheikh Faijle Rehman

Decided
Disposal
ALLOWED

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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