Patna High Court
Kiran Choudhary @ Kiran DeviversusThe State of Bihar through Collector
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The second appeal is restored to its original file.
Summary
The petitioner filed an application seeking restoration of Second Appeal No. 519 of 1991, which had been dismissed for non‑prosecution on 17‑Oct‑2022. The petitioner’s counsel demonstrated that the cost payable to the opposite parties (Nos. 2 & 3) had been paid and the opposite parties acknowledged receipt. The State and the opposite parties raised no objection to the restoration. The court found the reasons and submissions in the application sufficient to grant relief. Consequently, the court restored the second appeal to its original file and disposed of the application.
Issues considered
- Whether a second appeal dismissed for non‑prosecution can be restored upon payment of costs and without objection from the parties
Subjects
- restoration of appeal
- non‑prosecution
- cost payment
- procedural law
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.2753 of 2023
In
SECOND APPEAL No.519 of 1991
======================================================
Kiran Choudhary @ Kiran Devi Wife of Bhairab Nath Choudhary, permanent
Resident of Village- Pothia, P.S. - Sanhaula, District - Bhagalpur, previously
residing at Kumardhubi, Nirsa cum Chirkunda, P.S. - Nirsa, District -
Dhanbad (Jharkhand).
... ... Petitioner/s
Versus
1. The State of Bihar through Collector Bhagalpur.
2. Bijoy Krishna Thakur, Son of Ganesh Thakur, Resident of Village -
Sarbhanga, P.S.- Mahgama, District - Godda, Jharkhand(Now District -
Godda, Jharkhand)
3. Sudhansu Kumar Choudhary, Son of Digambar Kumar Choudhary, Resident
of Village- Pothia, P.S.- Sanhaula, District - Bhagalpur.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Jha, Advocate.
For the State : Mr. Kameshwar Prasad Gupta, GP-10.
Ms. Deepanjali Gupta, AC to GP-10.
For the O.P. Nos.2 & 3 : Mr. Dhirendra Nath Jha, Advocate.
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
16 03-04-2026 Heard learned counsel for the petitioner, learned
counsel for the State and learned counsel for the opposite party
nos.2 & 3.
2. This application has been filed for restoration of
Second Appeal No.519 of 1991, which stood dismissed due to
non-prosecution on 17.10.2022.
3. Learned counsel for the petitioner submits that he
has already made payment of the cost to the opposite party nos.2
& 3 and learned counsel for the opposite party nos.2 & 3 had
Patna High Court MJC No.2753 of 2023(16) dt.03-04-2026
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conceded that he had received the payment of cost.
4. Learned counsel for the State and learned counsel
for the opposite party nos.2 & 3 have no objection to this
petition.
5. The reasons stated in the restoration application and
the submissions made in support thereof are sufficient to allow
the application.
6. In view of the submission of the learned counsel for
the parties and considering the averments made in the
application, the instant application is allowed and the Second
Appeal No.519 of 1991 is restored to its original file.
7. This Application is, accordingly, disposed of.
(Sunil Dutta Mishra, J)
Ritik/-
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