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Patna High Court

Mani Kant ChoudharyversusThe State of Bihar and Others

Decided
Disposal
DISPOSED

Holding

The Court held that the application for restoration is allowed and the dismissed civil writ case is restored to its original file.

Summary

The petitioners, three brothers, filed an application (MJC No.237 of 2026) seeking restoration of a civil writ jurisdiction case (CWJC No.15144 of 2016) that had been dismissed by a pre‑emptory order on 13 October 2025. The petition argued that the dismissal was improper and that the original suit should be reinstated. The Court examined the reasons recorded in paragraphs 3 and 5 of the petition, finding merit in the petitioners' contentions. Accordingly, Justice Rajiv Roy allowed the application for restoration. As a result, the dismissed civil writ case was restored to its original file. The order was pronounced on 24 April 2026.

Issues considered

  • Whether the pre‑emptory dismissal of CWJC No.15144 of 2016 can be set aside and the case restored?

Subjects

  • restoration of suit
  • pre‑emptory order
  • civil writ jurisdiction
  • high court procedure

Judgment

                          IN THE HIGH COURT OF JUDICATURE AT PATNA
                                   Miscellaneous Jurisdiction Case No.237 of 2026
                                                            In
                                     Civil Writ Jurisdiction Case No.15144 of 2016
                     ======================================================
                1.    Mani Kant Choudhary son of Late Ram Prakash Choudhary, resident of
                      Village Pauri, P.S. Bahera District Darbhanga.
                2.   Phulendra Kumar Choudhary son of Late Ram Prakash Choudhary, resident
                     of Village Pauri, P.S. Bahera District Darbhanga.
                3.   Bipin Kumar Choudhary, son of Late Ram Prakash Choudhary, resident of
                     Village Pauri, P.S. Bahera District Darbhanga.

                                                                               ... ... Petitioner/s
                                                        Versus
                     The State of Bihar and Others patna bihar

                                                            ... ... Opposite Party/s
                     ======================================================
                     Appearance :
                     For the Petitioner/s     :    Mr. Lovekush Kumar, Adv.
                     For the Opposite Party/s :    Mr. Surekha Kumari, AC to GP-18
                     ======================================================
                     CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                           ORAL ORDER

5    24-04-2026                      Heard the parties.

                                    2. The present application has been preferred for

                       restoration of CWJC No. 15144 of 2016 which was dismissed by the

                       pre-emptory order dated 13.10.2025 passed by this Court.

                                    3. For the reasons assigned in Paragraph nos. 3 and 5 of

                       the petition, the MJC No. 237 of 2026 is allowed.

                                    4. Accordingly, the CWJC No. 15144 of 2016 is restored

                       to its original file.



                                                   (Rajiv Roy, J)
Vijay Singh/-

U


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