Patna High Court
Kamal Kishor SinghversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ANIL KUMAR SINHA
Holding
The court restored the dismissed case, allowing the petitioners to cure the procedural defect within two weeks.
Summary
A group of government school headmasters filed an application seeking restoration of Miscellaneous Jurisdiction Case No. 972 of 2024, which had been dismissed for default on 17 July 2025 for non‑compliance with an order dated 10 July 2025. The petitioners argued that the default was remedial and that the case should be reinstated to allow adjudication of the underlying civil writ. The court examined whether procedural default could be cured and whether the interests of justice warranted restoration. It held that the defect could be rectified within a reasonable time and that the dismissal should not preclude the merits from being heard. Consequently, the court ordered the restoration of the case to its original file, subject to removal of defects within two weeks.
Issues considered
- What is the appropriate remedy when a case is dismissed for default due to non‑compliance with a court order?
- Can a dismissed case be restored if the defect is cured within a reasonable period?
Subjects
- restoration of suit
- default judgment
- procedural law
- Civil Procedure Code
- education department
- case management
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.2673 of 2025
In
Miscellaneous Jurisdiction Case No.972 of 2024
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1. Kamal Kishor Singh son of Late Raj Mangal Singh, Resident of Village
Maksudpur Kararia, Police Station - Shyampur Bhataha, District - Sheohar.
At present posted and working as Headmaster in the Govt. Middle School
Ghosaut, Anchal - Minapur, District - Muzaffarpur.
2. Anil Kumar son of Late Vishwanath Prasad Gupta, Resident of Village and
Post Office - Rajkhand, Police Station Aurai, District Muzaffarpur. At
present posted and working as Headmaster in the Govt. Middle School
Mahdeiya. Anchal - Minapur, District - Muzaffarpur.
3. Ashok Kumar Choudhary son of Hanuman Choudhary, Resident of Village
Khanejadpur, Police Station Minapur, District Muzaffarpur. At present
posted and working as Headmaster in the Govt. Upgraded Middle School
Chapra SC, Anchal - Minapur, District - Muzaffarpur.
4. Raghwendra Jha son of Late Shivakant Jha, Resident of Village and Post
Office - Kharhar, Police Station Minapur (Naya Rampurhari), District
Muzaffarpur. At present posted and working as Headmaster in the Govt.
Upgraded Middle School Kharhar, Anchal - Minapur, District - Muzaffarpur.
5. Vipin Kumar son of Jai Narayan Lal, Resident of Village - Sahwajpur, Police
Station - Ahiapur, District -Muzaffarpur. At present posted and working as
Headmaster in the Govt. Upgraded Middle School Shahpur, Anchal -
Minapur, District Muzaffarpur.
6. Ajay Kumar son of Fakira Lal Sah, Resident of Village -Madaripur Karn,
Police Station Minapur, District Muzaffarpur. At present posted and working
as Headmaster in the Govt. Upgraded Middle School Dharampur Narayan,
Anchal - Minapur, District - Muzaffarpur.
7. Pushpa Kumari Wife of Shri Sudhir Kumar, Resident of Village and Post
Office -Rampur Hari, Police Station- Rampurhari (Old Minapur), District-
Muzaffarpur. At present posted and working as Headmaster in the Govt.
Upgraded Middle School Dharampur Narayan, Anchal- Minapur, District-
Muzaffarpur.
8. Md. Nabi son of Late Khalil Rain, Resident of Village Jhapahan, Police
Station - Ahiapur, District -Muzaffarpur. At present posted and working as
Headmaster in Govt. Upgraded Middle School Medhnapur, Anchal -
Minapur, District Muzaffarpur.
9. Md. Amjad Raza son of Late Md. Ainulhaque, Resident of Village Kumhrar,
Police Station - Tariyani Chapra, District - Muzaffarpur. At present posted
and working as Headmaster in the Govt. Upgraded Middle School Raghopur
Navin, Anchal - Minapur, District - Muzaffarpur.
10. Ajay Kumar Chaudhary son of Late Mahendra Chaudhary, Resident of
Village - Tengrari, Police Station Siwaipatti, District - Muzaffarpur. At
present posted and working as Headmaster in the Govt. Upgraded Middle
School Chittarpatti, Anchal - Minapur, District - Muzaffarpur.
11. Jagannath Prasad son of Late Indradev Bhagat, Resident of Mohalla -
Patna High Court MJC No.2673 of 2025(4) dt.18-03-2026
2/3
Maharaja Colony, Pankha Toli, Police Station - Kaazi Mohammadpur,
District - Muzaffarpur. At present posted and working as Headmaster in the
Govt. Upgraded Middle School Chandparna, Anchal - Minapur, District
-Muzaffarpur.
12. Baidyanath Rai son of Late Tileshwar Rai, Resident of Village Machhahi,
Police Station- Sakra, District- Muzaffarpur. At present posted and working
as Headmaster in the Govt. Upgraded Middle School Saraiya, Anchal -
Sakra.
13. Amrendra Kr. Jha @ Amrendra Kumar Jha son of Late Makardhwaj Jha,
Resident of Village Jarangdih, Police Station- Gaighat, District-
Muzaffarpur. At present posted and working as Headmaster in the Govt.
Upgraded Middle School Roshi, Anchal - Bochhahan, District - Muzaffarpur
14. Shyam Babu Pd. @ Shyam Babu Prasad son of Suryadeo Prasad, Resident
of Village - Mustafaganj. Police Station - Minapur, District - Muzaffarpur.
At present posted and working as Headmaster in the Govt. Middle School
Minapur, Anchal - Minapur, District - Muzaffarpur.
15. Saday Kant Alok son of Shri Jagganath Prasad Kushwaha, Resident of
Village - Tengrari, Police Station - Siwaipatti, District - Muzaffarpur. At
present posted and working as Headmaster in the Govt. Upgraded Middle
School Mustafaganj, Anchal - Minapur, District - Muzaffarpur.
16. Satish Kumar son of Nawal Kishor Yadav, Resident of Village -Turki
Kharao, Police Station - Minapur, District - Muzaffarpur. At present posted
and working as a Graduate Trained Teacher (Science) in Govt. Upgraded
Middle School Dharampur Narayan, Anchal - Minapur, District -
Muzaffarpur.
... ... Petitioner/s
Versus
1. The State of Bihar x
2. The Principal Secretary, Education Department, Govt. of Bihar, Patna.
3. The Principal Secretary, Finance Department, Government of Bihar, Patna.
4. The Director, Primary Education, Bihar, Patna.
5. The Regional Deputy Director of Education, Tirhut Division, Muzaffarpur.
6. The District Education Officer, Muzaffarpur
7. The District Programme Officer (Establishment) Muzaffarpur
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Umesh Kumar Mishra, Advocate
For the Opposite Party/s : Mr. Government Pleader 20
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
4 18-03-2026 Heard learned counsel for the parties concerned.
Patna High Court MJC No.2673 of 2025(4) dt.18-03-2026
3/3
2. The present application has been filed for
restoration of M.J.C. No. 972 of 2024, arising out of C.W.J.C.
No. 15610 of 2018, which got dismissed for default on
17.07.2025 for non-compliance of the order dated 10.07.2025.
3. For the reasons stated in this application, the same
is allowed and the connected case, bearing M.J.C. No. 972 of
2024 is restored to its original file, subject to removal of defects
within two weeks.
(Anil Kumar Sinha, J)
Siwani/-
U
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