Created by Fuzzy Cloud

Patna High Court

Om Prakash SinghversusKusho Singh

Decided
Disposal
ALLOWED

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.