Patna High Court

Bajrang Lal Saha @ Bajrangi Lal SahaversusGopalini Sabha (Goshala) Haveli Kharagpur, Munger

Decided: 9 January 2026
Disposal: ALLOWED
Bench: ANIL KUMAR SINHA

Holding

The Court held that the dismissed civil miscellaneous case may be restored to its original file.

Summary

Petitioner Bajrang Lal Saha filed an application seeking restoration of Civil Miscellaneous Case No. 733 of 2022, which had been dismissed on 23 November 2022 for his non‑appearance. The petition raised the question of whether the dismissed proceeding could be reinstated despite the earlier order. The Court examined the application and, noting the lack of any substantive objection to restoration, found no legal impediment to reviving the case. Accordingly, the Court allowed the application and ordered that the dismissed case be restored to its original file. The restoration enables the parties to continue with the pending proceedings.

Issues considered

Whether a civil miscellaneous case dismissed for non‑appearance can be restored upon the petitioner's application

Subjects

restoration of suit
civil procedure
non‑appearance
case management
high court order

Judgment

                        IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Miscellaneous Jurisdiction Case No.2752 of 2022
                                                          In
                          CIVIL MISCELLANEOUS JURISDICTION No.733 of 2022
                   ======================================================
                   Bajrang Lal Saha @ Bajrangi Lal Saha Son of Late Deep Narayan Sah,
                   resident of village East Azimganj P.S. Haveli Kharagpur, Dist. - Munger.

                                                                             ... ... Petitioner/s
                                                      Versus
                   Gopalini Sabha (Goshala) Haveli Kharagpur, Munger through its Secretary
                   Shree Rajendra Prasad Keshari, aged about 78 years, male, son of Late
                   Chhote Lal Keshari, resident of village East Azimganj P.S. Haeli Kharagpur,
                   Dist. - Munger.

                                                          ... ... Opposite Party/s
                   ======================================================
                   Appearance :
                   For the Petitioner/s     :       Mr.Surya Narayan Sah
                   For the Opposite Party/s :       Mr.
                   ======================================================
                   CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                         ORAL ORDER

4     09-01-2026                  1. Heard the parties.

                                  2. The present application has been filed for

                     restoration of C. Misc. No. 733 of 2022, which got dismissed

                     due to non appearance vide order dated 23.11.2022.

                                  3. For the reasons stated in this application, the same

                     is allowed and the connected case bearing C. Misc. No. 733 of

                     2022 is restored to its original file.



                                                (Anil Kumar Sinha, J)
praful/-

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