Patna High Court
Rajendra KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ANSHUMAN
Holding
The court held that the dismissal for default could be set aside and the case restored upon payment of the prescribed fee.
Summary
Petitioner Rajendra Kumar filed an application seeking restoration of Civil Writ Jurisdiction Case No. 1391 of 2022, which had been dismissed for default on 17-12-2025. The petition argued that the dismissal was procedural and that the case could be reinstated upon compliance with the required formalities. The High Court examined whether a default dismissal could be set aside and the case restored. The Court allowed the restoration, directing that the case be reinstated to its original number and file upon payment of a Rs.1,000 fee to the Advocate Association of the Patna High Court. Consequently, the restoration application was disposed of after the order.
Issues considered
- Whether a civil writ case dismissed for default can be restored upon filing a restoration application and payment of the prescribed fee?
Subjects
- civil writ jurisdiction
- restoration of dismissed case
- default dismissal
- procedural compliance
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.259 of 2026
In
Civil Writ Jurisdiction Case No.1391 of 2022
======================================================
Rajendra Kumar son of Late Jayanti Mandal, resident of Village Khaira, Post
- Khaira, Police Station -Haveli Kharagpur and District -Munger, Bihar
811213.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2. The Commissioner and Secretary Cabinet Secretary and Co-ordination
Department, Government of Bihar, Patna.
3. The Secretary and Commissioner of the Governor, Governor's Secretariat,
Raj Bhawan, Patna.
4. The Principal Secretary to the Governor, Governor's Secretariate, Raj
Bhawan, Patna.
5. The equity Officer- CUM-O.S.D. of the Governor, Governor's Secretariate,
Raj Bhawan, Patna.
6. The Joint Secretary, Governor's Secretariat, Raj Bhawan, Patna.
7. The O.S.D. (J), Governor's Secretariat, Raj Bhawan, Patna.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Avinash Chandra, Advocate
For the Opposite Party/s : Mr.Government Pleader 4
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
3 10-04-2026 Learned counsel for the petitioners and learned
counsel for the opposite parties are present.
2. The present application has been filed for
restoration of CWJC No. 1391 of 2022, which stood dismissed
for default vide order dated 17.12.2025.
3. Having considered the grounds mentioned in the
restoration application, the same is allowed. Accordingly, CWJC
Patna High Court MJC No.259 of 2026(3) dt.10-04-2026
2/2
No. 1391 of 2022 is directed to be restored to its original
number and file, subject to payment of Rs. 1,000/- (Rupees One
Thousand) to the bank account of the Advocate Association of
the Patna High Court.
4. As such, the present application stands disposed
off.
(Dr. Anshuman, J)
Ashwini/-
U
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