Patna High Court
Om Prakash SinghversusKusho Singh
- Decided
- Disposal
- ALLOWED
- Bench
- ARUN KUMAR JHA
Holding
The petition for restoration of the dismissed civil miscellaneous case is allowed, subject to payment of costs.
Summary
Petitioner Om Prakash Singh filed a petition seeking restoration of Civil Miscellaneous Case No.1141 of 2023, which had been dismissed for non‑prosecution on 04‑04‑2025. The petitioner explained the omission that led to the dismissal and submitted reasons for why the case should be reinstated. The Court, after hearing counsel, was satisfied with the petitioner's explanation and found no prejudice to the respondents. Consequently, the Court ordered that the dismissed case be restored to its original file. The restoration was made subject to the petitioner depositing a cost of Rs.1,000 with the Patna High Court Legal Services Committee within two weeks. The order was pronounced by Justice Arun Kumar Jha.
Issues considered
- Whether a civil miscellaneous case dismissed for non‑prosecution can be restored on the basis of a petitioner's explanation of omission
Subjects
- restoration of suit
- dismissal for non‑prosecution
- civil miscellaneous jurisdiction
- cost order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.2932 of 2025
In
CIVIL MISCELLANEOUS JURISDICTION No.1141 of 2023
======================================================
Om Prakash Singh Son of Late Ram Kishun Singh, Resident of Village-
Sahraon, P.S. Gogri, District- Khagaria.
... ... Petitioner/s
Versus
1. Kusho Singh Son of Late Siya Ram Singh, Resident of Village- Sahraon,
P.S.- Gogri, District- Khagaria.
2. Ghokul Singh, Son of Late Siya Ram Singh, Resident of Village- Sahraon,
P.S.- Gogri, District- Khagaria.
3. Najo Singh @ Rajendra Singh, Son of Late Siya Ram Singh, Resident of
Village- Sahraon, P.S.- Gogri, District- Khagaria.
4. Mritunjay Singh, Son of Late Ramji Singh Resident of Village- Sahraon,
P.S.- Gogri, District- Khagaria.
5. Munna Singh, Son of Late Ramji Singh Resident of Village- Sahraon, P.S.-
Gogri, District- Khagaria.
6. Pappu Singh, Son of Late Ramji Singh Resident of Village- Sahraon, P.S.-
Gogri, District- Khagaria.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Niranjan Parihar, Advocate
For the Opposite Party/s : Mr.
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
4 17-04-2026 Heard learned counsel for the petitioner.
2. This petition has been filed for restoration of Civil
Misc. Case No.1141 of 2023, which stood dismissed for non-
prosecution on 04.04.2025.
3. On being satisfied with the reasons mentioned in
this petition explaining omission on part of the petitioner, the
same is allowed and Civil Misc. Case No.1141 of 2023 is
restored to its original file subject to cost of Rs.1000/- to be
Patna High Court MJC No.2932 of 2025(4) dt.17-04-2026
2/2
deposited by the petitioner in the coffers of Patna High Court
Legal Services Committee within two weeks from today.
(Arun Kumar Jha, J)
V.K.Pandey/-
U
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