Patna High Court

Saroj Lata SinhaversusDharmendra Kumar Shrivastava

Decided: 9 January 2026
Disposal: ALLOWED
Bench: ARUN KUMAR JHA

Holding

A civil suit dismissed for non‑prosecution may be restored if the petitioner satisfactorily demonstrates reasons for restoration.

Summary

The petitioner, Ambalika Verma, filed an application seeking restoration of Civil Miscellaneous Jurisdiction No. 509 of 2023, which had been dismissed on 30 October 2024 for non‑prosecution. The petition argued that the dismissal was erroneous and that the case should be reinstated to its original file and number. The Court examined the reasons set out in the petition, finding them sufficient to merit restoration. Accordingly, the Court ordered that the dismissed proceeding be restored to its original file and number. The petition was allowed, and the case was reinstated for further adjudication.

Issues considered

Whether a civil suit dismissed for non‑prosecution can be restored on the basis of a petition filed thereafter

Subjects

restoration of suit
non‑prosecution dismissal
civil procedure
high court order

Judgment

                        IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Miscellaneous Jurisdiction Case No.2963 of 2025
                                                        In
                          CIVIL MISCELLANEOUS JURISDICTION No.509 of 2023
                   ======================================================
                   Ambalika Verma Wife of Sri Raj Verma and D/o late Batakeshwar Prasad
                   Sinha, Resident of C/O Dr. Rajesh Sinha at Ram Krishna Avenue, Nala Road
                   P.O. and P.S. Kadam Kuan Patna - 800004.

                                                                               ... ... Petitioner/s
                                                       Versus

                   Dharmendra Kumar Shrivastava Son of Late Kailash Pati Sahay, Resident of
                   Mohalla Mauna, PO Chapra, PS Chapra Town, Anchal Chapra, District Saran.

                                                          ... ... Opposite Party/s
                   ======================================================
                   Appearance :
                   For the Petitioner/s     :      Mr.Ratan Kumar Sinha, Advocate
                   For the Opposite Party/s :      Mr.
                   ======================================================
                   CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                         ORAL ORDER

5     09-01-2026                  The present application has been filed for restoration

                     of Civil Miscellaneous Jurisdiction No. 509 of 2023 which

                     stood dismissed vide order dated 30.10.2024 for non-

                     prosecution.

                                  2. For the reasons mentioned in the petition, Civil

                     Miscellaneous Jurisdiction No. 509 of 2023 is restored to its

                     original file and number.

                                  3. Accordingly, the present petition is allowed.



                                                (Arun Kumar Jha, J)

    DKS/-

U

Continue reading with your account

Checking your session…