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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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