Patna High Court
Vijay Kumar VermaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- MOHIT KUMAR SHAH
Holding
The court held that the dismissed petition may be restored subject to the removal of defects within four weeks.
Summary
Vijay Kumar Verma filed a petition (MJC No. 587 of 2021) which was dismissed for default because he failed to comply with a peremptory order dated 20‑09‑2024. He subsequently filed a restoration petition (MJC No. 2980 of 2025) claiming that miscommunication prevented timely compliance. The petitioner’s counsel sought a sympathetic view and restoration of the original petition. The High Court examined the circumstances and the petitioner’s averments, and decided that the petition could be restored provided the identified defects are rectified within four weeks. Accordingly, the restoration petition was disposed of, directing the petitioner to remove the defects within the stipulated period.
Issues considered
- Whether a petition dismissed for default can be restored on the ground of miscommunication and equitable considerations
Subjects
- restoration of petition
- default dismissal
- peremptory order
- civil procedure
- high court
- miscommunication
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.2980 of 2025
In
Miscellaneous Jurisdiction Case No.587 of 2021
======================================================
Vijay Kumar Verma Son of Bhola Nath Verma, Resident of in the house of Sri
D.P. Verma of Mohalla- D.N. Das Road, Langar Toli, P.S. Kadam Kuan,
District- Patna.
... ... Petitioner/s
Versus
1. The State of Bihar Bihar.
2. K.K. Pathak, The Principal Secretary, Minor Irrigation Department Govt. of
Bihar.
3. The Subhash Kumar, Chief Engineer, Minor Water Resources Department,
Bhagalpur.
4. Mr. Ajay Kumar Verma, The Executive Minor Irrigation Engineer, Jhajha,
Jamui Division.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rajesh Kumar Sinha, Adv.
For the State : Mr. Rajat Kumar Tiwary, AC to SC-24
======================================================
CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
ORAL ORDER
4 03-04-2026 The present petition has been filed for restoration of a
petition bearing MJC No. 587 of 2021, which has stood
dismissed for default on account of non-compliance of the
peremptory order dated 20.9.2024.
2. The learned counsel for the petitioner submits that on
account of miscommunication, the defects could not be removed
within time, as pointed out by the registry, hence a sympathetic
view be taken and the aforesaid petition be restored to its
original file.
3. Having regard to the facts and circumstances of the case
Patna High Court MJC No.2980 of 2025(4) dt.03-04-2026
2/2
and considering the averments made by the learned counsel for
the petitioner, I deem it fit and proper to direct for restoration of
the aforesaid petition bearing MJC No. 587 of 2021 to its
original file, however subject to removal of the defects, as
pointed out by the registry, within a period of four weeks from
today.
4. Accordingly, the present restoration petition stands
disposed off on the aforesaid terms.
(Mohit Kumar Shah, J)
Ajay/-
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