Patna High Court
Sunil KumarversusAmarnath Thakur
- Decided
- Disposal
- DISMISSED
- Bench
- ANIL KUMAR SINHA
Holding
The restoration application was dismissed as infructuous because the underlying title suit had already been decided.
Summary
The petitioner, Sunil Kumar, filed a restoration application for Civil Miscellaneous No. 169 of 2020, which had been dismissed for non‑prosecution on 13 September 2022. The original miscellaneous proceeding sought to set aside an ex‑parte order dated 28 May 2010 that debarred the petitioner from contesting Title Suit No. 374 of 2008. The opposite party argued that the restoration petition was moot because the underlying title suit had already been decided on 19 December 2025. The court examined whether the pending restoration could proceed in light of the final judgment in the title suit. Finding that the substantive dispute was already resolved, the court held the restoration application to be infructuous and dismissed it. Consequently, the petition for restoration was rejected.
Issues considered
- Whether a restoration application for a dismissed civil miscellaneous proceeding can be entertained when the substantive suit has already been decided.
Subjects
- restoration of suit
- non‑prosecution dismissal
- ex‑parte order
- debarment
- infructuous application
- civil miscellaneous jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.2390 of 2022
In
CIVIL MISCELLANEOUS JURISDICTION No.169 of 2020
======================================================
Sunil Kumar Son of Late Ragho Thakur, Resident of Village- Madhubani,
Post Office- Patahi, Police Station- Sadar, District- Muzaffarpur. At present
residing at Police Driver, Police Line, Bhagalpur, District- Bhagalpur.
... ... Petitioner/s
Versus
1. Amarnath Thakur Son of Late Ragho Thakur, Resident of Village-
Madhubani, Post Office- Patahi, Police Station- Sadar, District-
Muzaffarpur.
2.1. Pritesh Kumar Thakur Son of Late Rishi Kumar, Resident of Village -
Madhubani, P.S. Muzaffarpur Sazdar, District- Muzaffarpur.
2.2. Anupam Kumari D/o Late Rishi Kumar, Resident of Village - Madhubani,
P.S. Muzaffarpur Sazdar, District- Muzaffarpur.
2.3. Sunita Kumari D/o Late Rishi Kumar, Resident of Village - Madhubani, P.S.
Muzaffarpur Sazdar, District- Muzaffarpur.
2.4. Smt. Anju Kumar @ Rani Kumari D/o Late Rishi Kumar Wife of Suman
Singh, Resident of Village - Chhajan Hari Rai Tola, P.S. Kurhani (Turki O.P.
District - Muzaffarpur.
2.5. Smt. Rina Kumari D/o Late Rishi Kumari Wife of Mahesh Singh @ Mahesh
Thakur, Resident of Village - Chaturi Punash, P.S. Ahiyapur, District-
Muzaffarpur.
3. Dhrub Thakur Son of Late Manik Chandra Thakur, Resident of Village-
Madhubani, Post Office- Patahi, Police Station- Sadar, District-
Muzaffarpur.
4.1. Reema Kumari Wife of Late Arun Kumar Thakur, Resident of Mohalla -
Alkakpuri, P.S. Muzaffarpur Sadar, District- Muzaffarpur.
4.2. Amitesh Kumar Son of late Arun Kumar Thakur, Resident of Mohalla -
Alkakpuri, P.S. Muzaffarpur Sadar, District- Muzaffarpur.
4.3. Amrita Kumari @ Annu Kumari D/o Arun Kumr Thakur Wife of Sri Nath
Singh @ Sri Nath Sharma, Resident of Village - Jatkauli, P.S. Vaishali,
District- Vaishali.
5. Ajit Kumar Thakur, Son of Late Manik Chandra Thakur, Resident of
Village- Madhubani, Post Office- Patahi, Police Station- Sadar, District-
Muzaffarpur.
6. Rajan Thakur @ Ranjan Thakur, Son of Late Chaturbhuj Thakur, Resident
of Village- Madhubani, Post Office- Patahi, Police Station- Sadar, District-
Muzaffarpur.
7.1. Krishan Murai Thakur Son of late Shambhu Nath Thakur, Resident of
Village - Madhubani, P.S. Muzaffarpur Sadar, District- Muzaffarpur.
7.2. Dilip Kumar Son of late Shambhu Nath Thakur, Resident of Village -
Patna High Court MJC No.2390 of 2022(7) dt.09-01-2026
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Madhubani, P.S. Muzaffarpur Sadar, District- Muzaffarpur.
7.3. Narendra Kumar Son of Late Shambhu Nath Thakur, Resident of Village -
Madhubani, P.S. Muzaffarpur Sadar, District- Muzaffarpur.
7.4. Nigam Kumar Son of Late Shambhu Nath Thakur, Resident of Village -
Madhubani, P.S. Muzaffarpur Sadar, District- Muzaffarpur.
7.5. Smt. Shashi Kala D/o Late Shambhuy Nath Thakur, Wife of Bir Bahadur
Shahi, Resident of Village - Baruraj Kothiya, P.S. Baruraj, District-
Muzaffarpur.
7.6. Usha Kumari D/o late Shambhu Nath Thakur, Wife of Arun Singh, Resident
of Village - Vaishali, P.S. and District- Vaishali.
7.7. Smt. Chanda Kumri D/o late Shambhu Nath Thakur Wife of Pappu Singh,
Resident of Village - Gorigama, P.S. Saraiya, District- Muzaffarpur.
8.1. Sadhana Kumari Wife of Late Shashi Bhushan Thakur, Resident of Village -
Madhubani, P.S. Muzaffarpur Sadar, District- Muzaffarpur.
8.2. Bipin Bihari Son of Late Shashi Bhushan Thakur, Resident of Village -
Madhubani, P.S. Muzaffarpur Sadar, District- Muzaffarpur.
8.3. Suman Kumar Son of Late Shashi Bhushan Thakur, Resident of Village -
Madhubani, P.S. Muzaffarpur Sadar, District- Muzaffarpur.
9.1. Nirmala Devi Wife of Late Ram Japu Thakur, Resident of Village - Patahi,
near Teachers Training School Patahi, P.S. - Muzaffarpur Sadar, District-
Muzaffarpur.
9.2. Sumukh Kumar Son of Late Ram Japu Thakur, Resident of Village - Patahi
near Training School, P.S. Muzaffarpur Sadar, District- Muzaffarpur.
9.3. Anjali Kumari D/o Late Ram Japu Thakur Wife of Mukesh Singh, Resident
of Village - Rajapakar, Gopalpur, P.S. Sakra, District- Muzaffarpur.
9.4. Pallavi Kumari @ Pallavi Singh D/o Late Ram Japu Thakur Wife of Ajeet
Kumar, Resident of Village - Govind Pithaujhiya, P.S. Runi Saidpur,
District- Sitamarhi.
10. Most. Ganga Devi, Wife of Late Rajeshwar Thakur, Resident of Village-
Madhubani, Post Office- Patahi, Police Station- Sadar, District-
Muzaffarpur.
11. Sanjay Thakur, Son of Late Rajeshwar Thakur, Resident of Village-
Madhubani, Post Office- Patahi, Police Station- Sadar, District-
Muzaffarpur.
12. Ajay Kumar Thakur, Son of Late Rajeshwar Thakur, Resident of Village-
Madhubani, Post Office- Patahi, Police Station- Sadar, District-
Muzaffarpur.
13. Santi Devi Wife of Late Debeshwar Thakur @ Dineshwar Thakur, Resident
1. of Om House Complex, G.T. Road Sasaram, District- Rohtas.
13. Santosh Kumar Son of Late Debeshwar Thakur @ Dineshwar Thakur,
2. Resident of Om House Complex, G.T. Road Sasaram, District- Rohtas.
13. Nibha Kumari D/o Late Debeshwar Thakur @ Dioneshwar Thakur Wife of
3. Subodh Mishra, Resident of Village - Jagdish Baghnagari, P.S. Sakra,
District- Muzaffarpur.
Patna High Court MJC No.2390 of 2022(7) dt.09-01-2026
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13. Abha Kumari D/o Debeshwar Thakur @ Dineshwar Thakur Wife of Rajesh
4. Kumar, Resident of Village - Bhataulia, P.S. Saraiya, District- Muzaffarpur.
13. Bhawani Kumari D/o Late Debeshwar Thakur @ Dineshwear Thakur Wife
5. of Mukesh Singh, Resident of Village - Kashipur, P.S. Samastipur Town,
District- Samastipur.
13. Guria Kumari D/o Debeshwar Thakur @ Dioneshwar Thakur Wife of
6. Chandra Ket Kuma, Resident of Village - Chainpur, Fatehpur, P.S. Kanti,
District- Muzaffarpur.
14. Most. Rita Devi @ Rita Kumari, Wife of Premchand Thakur, Resident of
Village- Madhubani, Post Office- Patahi, Police Station- Sadar, District-
Muzaffarpur.
15. Anjana Devi, Wife of Naveen Kumar @ Navin Kumar Thakur, Resident of
Village- Madhubani, Post Office- Patahi, Police Station- Sadar, District-
Muzaffarpur.
16. Shivani Kumari, Daughter of Navin Kumar Thakur, Resident of Village-
Madhubani, Post Office- Patahi, Police Station- Sadar, District-
Muzaffarpur.
17. Shilpi Kumari, Daughter of Navin Kumar Thakur, Resident of Village-
Madhubani, Post Office- Patahi, Police Station- Sadar, District-
Muzaffarpur.
18. Muni Devi, Daughter of Prem Chand Thakur, Resident of Village-
Madhubani, Post Office- Patahi, Police Station- Sadar, District-
Muzaffarpur.
19. Runi Devi, Daughter of Prem Chand Thakur, Resident of Village-
Madhubani, Post Office- Patahi, Police Station- Sadar, District-
Muzaffarpur.
21. Sita Devi, Wife of Vinod Paswan, Resident of Village- Patahi Narayanpur,
Post Office- Patahi, Police Station- Sadar, District- Muzaffarpur.
22. Shobha Devi, Wife of Umesh Thakur, Resident of Village- Patahi Jagarnath,
Post Office- Patahi, Police Station- Sadar, District- Muzaffarpur.
24. Prabhat Kumar, Son of Late Suresh Thakur, Resident of Village-
Madhubani, Post Office- Patahi, Police Station- Sadar, District-
Muzaffarpur.
25. Most. Anamika Kumari Wife of late Prakash Kumar, C/o Bimla Devi, Wife
1. of Madho Thakur @ Madhav Prasad Thakur, Resident of Mohalla -
Bhagwanpur Chock Bhabha Nagar, Masjid Gali Road, P.S. Muzaffarpur
Sadar, District- Muzaffarpur.
26. Ram Sagar Thakur, Son of Late Suryadeo Narayan Thakur @ Surjdeo
Thakur, Resident of Village- Madhubani, Post Office- Patahi, Police Station-
Sadar, District- Muzaffarpur.
27. Madho Thakur @ Madhav Prasad Thakur, Son of Late Suryadeo Narayan
Thakur @ Suryadeo Thakur, Resident of Village- Madhubani, Post Office-
Patahi, Police Station- Sadar, District- Muzaffarpur, Agent Head Post Office,
Muzaffarpur.
28. Most. Rampati Devi, Wife of Late Birendra Kumar Thakur, Resident of
Village- Madhubani, Post Office- Patahi, Police Station- Sadar, District-
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Muzaffarpur.
29. Rajesh Kumar, Son of Late Birendra Kumar Thakur, Resident of Village-
Madhubani, Post Office- Patahi, Police Station- Sadar, District-
Muzaffarpur.
30. Rakesh Kumar, Son of Late Birendra Kumar Thakur, Resident of Village-
Madhubani, Post Office- Patahi, Police Station- Sadar, District-
Muzaffarpur.
31. The State of Bihar through the District Collector, Muzaffarpur, Bihar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Gaurav Kumar, Advocate
For the Opposite Party/s : Mr. Sajid Salim Khan (Sc25)
For the Opposite Party 1 : Mr. Arun Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
7 09-01-2026 1. The present application has been filed for restoration of
Civil Miscellaneous No. 169 of 2020 which stood dismissed due
to non prosecution on 13.09.2022.
2. The aforesaid Civil Miscellaneous was filed by the
petitioner being aggrieved by order dated 24.07.2019 passed in
Title Suit No. 374 of 2008 by the learned Sub Judge XIII,
Muzaffarpur by which the petition filed by the petitioner for
recall of the ex-parte order dated 28.05.2010 through which
petitioner was debarred from contesting the title suit has been
rejected.
3. Mr. Arun Kumar, learned counsel for the opposite party
no. 1 submits that entire Civil Miscellaneous as well as
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restoration petition have become infructuous in view of the fact
that Title Suit No. 374 of 2008 has already been decided and
judgment has been passed on 19.12.2025.
4. Considering the aforesaid, this application is dismissed as
infructuous.
(Anil Kumar Sinha, J)
praful/-
U
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