Patna High Court
Arti Priya SinhaversusRandhir Kumar Sinha
- Decided
- Disposal
- ALLOWED
- Bench
- ARUN KUMAR JHA
Holding
The Court held that the dismissed civil suit may be restored when the petitioner demonstrates a genuine intention to prosecute.
Summary
The petitioner, Arti Priya Sinha, filed an application before the Patna High Court seeking restoration of Civil Miscellaneous Jurisdiction No. 1811 of 2017, which had been dismissed on 20-06-2025 for non‑prosecution. The petition argued that the dismissal was premature and that the parties were ready to pursue the matter. The Court examined whether a suit dismissed for non‑prosecution could be revived under the procedural law. It found that the petitioner had satisfied the requirement of showing a bona fide intention to prosecute the suit. Consequently, the Court ordered that the dismissed case be restored to its original file and number. The petition was allowed, thereby reinstating the original proceedings.
Issues considered
- What is the appropriate legal standard for restoring a civil suit dismissed for non‑prosecution?
Subjects
- restoration of suit
- non‑prosecution
- civil miscellaneous jurisdiction
- Patna High Court
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.2546 of 2025
In
CIVIL MISCELLANEOUS JURISDICTION No.1811 of 2017
======================================================
Arti Priya Sinha W/o Sri Ranjit Kumar Sinha, resident of village- Dhandhana
Chak, P.O. Nisherpura, P.S. Beur, District- Patna, at present residing at B-47,
Airport Apartments New Delhi, P.S. Vishakhapuri, New Delhi.
... ... Petitioner/s
Versus
1. Randhir Kumar Sinha Son of Late Mithilesh Kumar Sinha, resident of
village- Dhandhana Chak, P.O. Nisherpura, P.S. Beur, District - Patna.
2. Anuradha Singh, D/o Late Mithilesh Kumar Sinha, Wife of Pramod Kumar,
resident of Mohalla- Indira Nagar, P.S. Kankarbagh, District- Patna.
3. Arti Sinha, D/o Late Mithilesh Kumar Sinha, W/o Shiv Pujan Kumar,
resident of Mohalla- Sheikhpura, P.S. Shastri Nagar, District- Patna.
4. Ranjit Kumar Sinha, Son of Late Mithilesh Kumar Sinha, Resident of
village- Dhandhana Chak, P.O. Nisherpura, P.S. Beur, District - Patna, at
present residing at B-47 Airport Apartment, New Delhi, P.S. Vishakhapuri,
New Delhi.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sudhir Kumar, Advocate
For the Opposite Party/s : Mr.
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
3 09-01-2026 The present application has been filed for restoration
of Civil Miscellaneous Jurisdiction No. 1811 of 2017 which
stood dismissed vide order dated 20.06.2025 for non-
prosecution.
2. For the reasons mentioned in the petition, Civil
Miscellaneous Jurisdiction No. 1811 of 2017 is restored to its
Patna High Court MJC No.2546 of 2025(3) dt.09-01-2026
2/2
original file and number.
3. Accordingly, the present petition is allowed.
(Arun Kumar Jha, J)
DKS/-
U
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