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Patna High Court

Durgesh Nandan Verma @ D. RajanversusSumeshwar Prasad

Decided
Disposal
DISPOSED

Holding

The High Court allowed the restoration of the civil review upon payment of Rs. 500 to the Bihar State Legal Services Authority.

Summary

The petitioners, Durgesh Nandan Verma and Mritunjay Kumar Verma, filed an application before the Patna High Court seeking restoration of Civil Review No. 300 of 2022, which had been dismissed for default on 1 May 2025 and confirmed on 19 June 2025. They argued that the dismissal was procedural and that the review could be reinstated upon payment of the prescribed fee to the Bihar State Legal Services Authority. The Court examined the reasons set out in paragraphs 3 to 5 of the petition and found them sufficient to justify relief. It held that the procedural default could be cured by the modest payment of Rs. 500. Consequently, the Court ordered the restoration of the civil review to its original file, subject to the payment. The order was pronounced by Justice Rajiv Roy on 9 January 2026.

Issues considered

  • Whether a civil review dismissed for default can be restored upon payment of the requisite fee
  • Whether the High Court has jurisdiction to order restoration of a dismissed civil review

Subjects

  • civil review
  • restoration
  • default dismissal
  • procedural law
  • Bihar State Legal Services Authority
  • High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Miscellaneous Jurisdiction Case No.2659 of 2025
                                                       In
                                       CIVIL REVIEW No.300 of 2022
                 ======================================================
           1.     Durgesh Nandan Verma @ D. Rajan son of Late Bipin Bihari Verma,
                  resident of Mohalla- Pachim Tola, P.S.- Ara Town, District- Bhojpur
           2.    Mritunjay Kumar Verma @ Mritunjay Verma son of Late Bipin Bihari
                 Verma, resident of Mohalla- Pachim Tola, P.S.-Ara Town, District- Bhojpur.

                                                                               ... ... Petitioner/s
                                                 Versus
           1.    Sumeshwar Prasad son of Late Bhuneshwar Ram, resident of village-
                 Hematpur, Sohra, P.S.- Barahara, District- Bhojpur, presently residing at
                 Mohalla- Pacchim Tola, Ward No.- 5, P.S.. Ara Town, District- Bhojpur
           2.    Vijay Shankar Verma son of Late Bipin Bihari Verma, resident of Mohalla-
                 Pachim Tola, Ward No. 5, P.S.-Ara Town, District-Bhojpur
           3.    Sanjay Verma son of Late Bipin Bihari Verma, resident of Mohalla- Pachim
                 Tola, Ward No. 5, P.S.- Ara Town, District-Bhojpur
           4.    Poonam Devi wife of Girish Chandra Srivastava and daughter of Late Bipin
                 Bihari Verma, resident of village- Ganguli, P.S.-Kasibabad, District- Gajipur,
                 U.P., presently residing at Mohalla- Pachim Tola, Ward No. 5. P.S. Ara
                 Town, District-Bhojpur
           5.    Kumud Devi wife of Binay Kumar Sinha and daughter of Late Bipin Bihari
                 Verma, resident of village- Ekwana, P.S.-Barahara, District- Bhojpur
           6.    Kalawati Devi wife of Late Sheonath Prasad, resident of Mohalla- Pacchim
                 Tola, Ward No. 5, P.S.- Ara Town, District-Bhojpur
           7.    Parmeshwar Kumar, son of Late Sheonath Prasad, resident of Mohalla-
                 Pacchim Tola, Ward No. 5, P.S.- Ara Town, District-Bhojpur
           8.    Rameshwar Kumar @ Kallu, son of Late Sheonath Prasad, resident of
                 Mohalla- Pacchim Tola, Ward No. 5, P.S.- Ara Town, District- Bhojpur
           9.    Binod Kumar @ Lallu, son of Late Sheonath Prasad, resident of Mohalla-
                 Pacchim Tola, Ward No. 5, P.S. Ara Town, District- Bhojpur
           10. Ashok Kumar @ Bhaiya son of Late Sheonath Prasad, resident of Mohalla
               Pacchim Tola, Ward No. 5, P.S. Ara Town, District- Bhojpur

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Sanchay Srivastava, Adv.
                 For the Opposite Party/s :     Mr.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

3   09-01-2026                    Heard the parties.
           Patna High Court MJC No.2659 of 2025(3) dt.09-01-2026
                                                       2/2




                                  2. The present application has been preferred for

                     restoration of C. Rev. 300 of 2022 to its original file which was

                     dismissed for default on account of order dated 01.05.2025 and

                     confirmed vide an order dated 19.06.2025 passed by this Court.

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

                     the petition, the MJC No. 2659 of 2025 is allowed subject to

                     payment of Rs. 500/- to Bihar State Legal Services Authority.

                                  4. Accordingly, the C. Rev. 300 of 2022 is restored to

                     its original file.



                                                    (Rajiv Roy, J)
Vijay Singh/-

U


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