Patna High Court
Sweety KumariversusAbhishek Raj
- Decided
- Disposal
- ALLOWED
Holding
The appeal is restored to its original file as the restoration application was filed within the statutory limitation period.
Summary
The petitioner filed an application on 22 January 2026 seeking restoration of Miscellaneous Appeal No. 230 of 2024, which had been dismissed for non‑prosecution on 13 January 2026. The court examined whether the restoration application was filed within the statutory limitation period. It found that the application was indeed filed within the prescribed time. Consequently, the court allowed the restoration application and reinstated the appeal to its original file. The matter was then marked as disposed.
Issues considered
- Whether a dismissal for non‑prosecution can be restored when the restoration application is filed within the limitation period?
Subjects
- restoration
- limitation period
- non‑prosecution dismissal
- high court
- miscellaneous appeal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.300 of 2026
In
Miscellaneous Appeal No.230 of 2024
======================================================
Sweety Kumari W/o Shri Abhishek Raj, D/o- Shri Shyam Sundar Singh,
Resident of Village- 103 C-Block, Quality Campus, Lohia Path, Jagdev Path
Police Station- Hawai Adda Dist- Patna, at present Resident of 402, Krishna
Block, Jalalpur City, Ram Jaipal Path, Bailey Road, PS- Rupaspur, District-
Patna.
... ... Petitioner/s
Versus
Abhishek Raj S/o- Shri Ananad Kumar Singh, Presently Resident of Village-
402, Krishna Block, Jalalpur City, Ram Jaipal Path, Bailey Road, PS-
Rupaspur, District- Patna.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shivendra Kumar Sinha, Advocate
Mr. Ranjeet Patel, Advocate
For the Opposite Party/s : Mr.
======================================================
CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI
and
HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI)
3 25-02-2026 The present restoration application has been filed for
restoration of M.A. No. 230 of 2024, which stood dismissed for
non-prosecution by order dated 13.01.2026.
2. It appears from the record that the application for
restoration was filed well within the statutory period of
limitation on 22.01.2026.
3. In view of such circumstances, the present
restoration application is allowed and M.A. No.230 of 2024 is
restored to its original file.
Patna High Court MJC No.300 of 2026(3) dt.25-02-2026
2/2
4. M.J.C. No.300 of 2026 stands disposed of.
(Bibek Chaudhuri, J)
( Dr. Anshuman, J)
mdrashid/-
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